Terms of Service

Xoopah Inc. (also called “Xoopah”, “XOOPAH”,” we”,” us”, or “our”) provides software as a service (SaaS) platform offering multiple services (described below) to you through its website www.xoopah.com (the “Site”) and its web application www.app.xoopah.com (the “App”). The related services like blogs, support functions, emails, any new features and updates to the Site and the App (the Site, App, and other services will collectively be called the “Services”) are a subject to the following Terms (also called “Terms of Service”, ”Terms and Conditions”, “Terns”).

We reserve the right to modify these Terms of Service at any time and we will notify you whenever changes are made to the notice by updating the date and sharing the news of the update on our website and/or through other Services. Any changes will become effective when posted. Your continued use of the Services after changes are posted constitutes your acceptance of the new Terms of Service.

Note: Please review the privacy policy periodically to check for updates.

In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, the Privacy Policy located at https://xoopah.com/privacy-policy/. All such terms are hereby incorporated by reference into these Terms of Service.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. BY USING ANY ELEMENT OF XOOPAH (INCLUDING THE WEBSITE, APPLICATION, OR ANY OF THE SERVICES), CUSTOMER ACKNOWLEDGES THAT CUSTOMER HAS READ, ACCEPTS AND AGREES TO BE BOUND BY AND COMPLY WITH THE TERMS AND CONDITIONS SET OUT IN THIS AGREEMENT, AS AMENDED FROM TIME TO TIME.IF A CUSTOMER DOES NOT ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT, CUSTOMER WILL IMMEDIATELY CEASE ANY FURTHER USE OF XOOPAH, INCLUDING USE OF ANY PART THEREOF. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST XOOPAH ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

We reserve the right to refuse services to users who are in violation of our terms for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Subject to Customer’s compliance with the terms and conditions of this Agreement, Xoopah will make its services available to Customer (“Business Owner”) on the terms and conditions set out in this Agreement, provided that: (i) Customer has read and accepted and is in compliance with its obligations under the applicable terms of use related to all applicable Third Party Messaging Platforms, Pre-Integrated Third-Party Business Applications, and Custom-Integrated Business Applications; and (ii) has taken all steps as necessary to enable interoperability between the application and all applicable Third Party Messaging Platforms, Pre-Integrated Third-Party Business Applications, and Custom-Integrated Business Applications, including acquiring the necessary approvals and API keys, whether directly or via Customer’s Clients (“Clients”), to access these messaging channels as a business.

XOOPAH Services: The Service is designed to provide appointment scheduling, invoicing, communication, and review management for service-based businesses (“Businesses”, “Business Owners”).

Registration: You may be required to register with Xoopah to access and use the features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration and post registration forms. Registration data and certain other information about you are governed by our Privacy Policy. In addition, if you are under 18 years old, you may use the Service, with registering, only with the approval of your parent or guardian.

Account Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Xoopah of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service.

Note: We will not be liable for any loss or damage arising from your failure to comply with this Section.

General Practices Regarding Use and Storage: We may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Xoopah’s servers on your behalf. You agree that Xoopah has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that we reserve the right to terminate accounts that are inactive for an extended period of time.

Note: We reserve the right to change these general practices and limits at any time, at our sole discretion, with or without notice.

You can find the updates to the prices for our Services in our pricing section on the website.

We reserve the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice if the terms stated in this doc are violated. We shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service in case of violations.

We reserve the right, but are not obligated, to limit the sales of our Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of services or service pricing are subject to change at anytime without notice, at the sole discretion of us.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

We may store, use, reproduce, modify, and transfer to its subcontractors, Customer Data, including Personal Data, solely in connection with delivering the Services under this Agreement. Customer further acknowledges and agrees that Xoopah may store, use, reproduce, modify, and transfer data that is not related to an identified or identifiable natural person, including aggregated or de-identified data, without limitation, for its internal business purposes, including but not limited to such purposes as analytics, quality assurance, product and service improvement, and new product and service development.

You understand that Personal Data, including of Administrative Users, Customer’s Client and Chat Participants, will be treated in accordance with Xoopah’s privacy policy (the “Privacy Notice”). The Privacy Policy is hereby incorporated by reference and forms part of this Agreement.

Processing of Personal and Other DataYour submission of personal information through the store is governed by our Privacy Policy.

Xoopah maintains several safeguards to protect your personal data. These safeguards prevent the use, modification, or disclosure of your Data, except in regard to providing the Purchased Service or to address technical and/or service issues, scenarios where Xoopah is compelled by Law, or with Customer’s expressed written consent.

Do not use documents, notes in Xoopah to share / store credit card information, passwords or other sensitive information.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Your subscription to our Services will be suspended on nonpayment due to out-of-date billing information.

Xoopah is set up for automatic billing which means that you’ll be billed for the next month automatically on the due date. We will notify you in case we are unable to deduct your monthly payment for any reason.

By agreeing to these Terms and Conditions you are agreeing to recurring automatic billing.  To continue your membership, you don’t need to do anything.  Your membership will automatically renew, and your credit card will be processed for the next billing cycle.  If we do not have a valid card on file, your membership will expire, and you will not have access to the apps features until it is paid for.  If this is the case, you will still be able to access your account but will not be able to perform actions on the application.

Your subscription will automatically renew until you cancel it. Agreement to automatic renewals was included in your acceptance of our terms and conditions during sign up. You are entirely responsible for cancelling your own subscription. If you wish to cancel, you can email us at support@xoopah.com.

After cancelling your subscription, you can continue to use your account until the end of your billing cycle. Your account will deactivate at the end of your current billing cycle. Once an account is deactivated, it is subject to certain restrictions. You will be informed of these restrictions during the cancellation process.

Refunds are only issued upon request. You can request a refund by emailing support@xoopah.com. If a refund is requested, after your refund is processed your account will be cancelled immediately.

If you are on a monthly plan: you can cancel at any time. A refund on a monthly plan is limited to your most recent charge for the monthly subscription. We cannot refund back more than one month when a monthly plan is cancelled, no exceptions.

Note: Cancellations past the 14-day window are not eligible for a refund, no exceptions.

The trial will start as soon as you have signed up on to Xoopah. In case you need more time to decide or were unable to use your account on trial, we may choose to extend your trial at out own discretion.

If you do not wish to continue your trial, there is no need to take any action.

By accepting this agreement with, you agree that you have reviewed the Stripe Terms of Service and Authorize .NET Service Agreement, including the Stripe Connected Accounts Agreement, and Privacy Policy for the country in which you are located.

All Fees shall be in U.S. Dollars.

Xoopah shall charge and invoice Customer the applicable Fees, in advance, by credit card or bank transfer, on the Effective Date and on every monthly anniversary thereafter or as specified on the Service Agreement.

By making any payment to Xoopah (regardless of whether through any third parties or not), Customer represents and warrants to, and covenants, with Xoopah that (1) all information and details provided in relation to such payment(s) are accurate and truthful; (2) Customer is the legal owner of the relevant payment card and has the legal right to use such payment card.

Payment obligations hereunder are not subject to any set-off or withholding rights whatsoever, any and all of which are hereby expressly waived by Customer.

Disputed Invoices or Charges. If Customer in good faith disputes any portion of a Xoopah invoice or charge, Customer may provide a dispute notice to Xoopah with written documentation identifying and substantiating the disputed amount within fifteen (15) days from receipt of the applicable invoice or charge, and if applicable, at the time it pays the undisputed portion of such invoice, withhold payment of such disputed portion. If Customer does not report or does not provide such substantiating documentation within that period, Customer shall be deemed to have waived its right to dispute any and all portions of that invoice.

Late Payment. Except for bona fide disputed amounts, any failure to make a payment of any Fees or taxes in strict conformity with the requirements of this section entitles Xoopah to suspend, in whole or in part, access to Services, until such payment is received. Additionally, Xoopah shall assess, and Customer shall pay a charge, compounded monthly, of the lesser of (a) 1.5% per month (19.56% per year) or (b) the highest amount allowed by law on all past due amounts (except amounts disputed pursuant to section above). Furthermore, upon any such failure, all outstanding amounts shall become due and payable without further delay.

Certain Taxes. The Fees set out in this Agreement do not include applicable taxes, duties, withholdings, tariffs, levies, customs, capital or income taxes or other governmental charges or expenses, including but not limited to value-added tax, sales tax, consumption tax and similar taxes or duties as well as any current or future municipal, state, federal or provincial taxes, and Customer will pay, indemnify and hold harmless Xoopah from same, other than taxes based on the net income or profits of Xoopah.

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Certain content, products and services available via our Service may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Xoopah does not charge any additional fees on processing payments using third party integrations like Stripe and/or Authorize .NET. Any payment processing charges you're required to pay are the ones imposed by Stripe and Authorize .NET

You agree to pay processing charges on collecting payments via the third-party integrations.

You acknowledge and agree that we may use your name and logo on Xoopah’s website and marketing materials to identify your relationship with us.

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information in the Service or on any related website is inaccurate at any time without prior notice.

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose (k) storing credit cards or passwords of your clients within the Xoopah documents or notes; or (l) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.  We have the right to terminate use of Service.

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FURTHERMORE, ANY PARTS OF XOOPAH DELIVERED THROUGH THE EARLY ACCESS PROGRAM, OR UNDER A FREE LABS SUBSCRIPTION ARE EXCLUDED FROM ANY WARRANTIES PROVIDED WITHIN THIS AGREEMENT.WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.

IN NO CASE SHALL XOOPAH, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

In our sole discretion, we may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Xoopah believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service.

Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Xoopah may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice.

You agree that any termination of your access to the Service under any provision of this Terms of Service may be affected without prior notice and acknowledge and agree that Xoopah may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Xoopah will not be liable to you or any third party for any termination of your access to
the Service.

If you have registered for the Service via a subscription plan, you may cancel your subscription at any time by sending an email to support@xoopah.com notifying us of your intent to cancel. you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

You agree that you are solely responsible for your interactions with any other user in connection with the Service and Xoopah will have no liability or responsibility with respect thereto. Xoopah reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service, including by giving Clients access to their agreements with Businesses.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

The failure of Xoopah to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. It is the express wish of the Parties that this Agreement and all related documents be drawn up in English.

A waiver of any provision of this Agreement must be in writing, and a waiver in one instance will not preclude enforcement of such provision on other occasions.

If you have any questions, comments, or requests regarding our policies, reach out to us through our website or email us at support@xoopah.com.