Terms of Service — Hoora AI Pty Ltd (Australia)

Effective Date: [insert date]

Welcome to Hoora!
These Terms of Service (“Terms”) are a legally binding agreement between Hoora AI Pty Ltd (ABN [87689552449]) (“Hoora”, “we”, “us”, or “our”) and the person or entity (“Merchant”, “you”, or “your”) that accesses or uses the Hoora platform, website, or any related services (together, the “Platform”).

By creating an account or using the Platform, you agree to these Terms and our Privacy Policy.
If you do not agree, you must not use the Platform.

1. About Hoora

Hoora provides AI-powered business software that allows service-based businesses to manage bookings, customer communication, quotes, invoices, payments, staff scheduling, and marketing automation.

We provide technology and data tools. Hoora is not a party to any service agreement between you and your customers. We do not represent, guarantee, or warrant the quality or outcome of services you provide.

2. Eligibility

To use Hoora:

  • You must be at least 18 years old, or have legal capacity to contract.
  • You must use Hoora for lawful business purposes.
  • If you create an account on behalf of a company or entity, you represent that you have authority to bind that entity.

We may decline registration or suspend access at our discretion.

3. Account Registration and Security

When registering for Hoora:

  • You must provide accurate and complete information.
  • You are responsible for maintaining the confidentiality of your login credentials.
  • You must notify us immediately if you suspect unauthorised use of your account.
  • You are responsible for all activity that occurs under your account.
  • You must not share your credentials outside your organisation or resell access to Hoora.

We may suspend or terminate access if we detect misuse, security risks, or non-payment.

4. Platform Licence and Access

Subject to these Terms, Hoora grants you a limited, non-exclusive, non-transferable licence to use the Platform for your internal business operations during your active subscription period.

You must not:

  • copy, modify, reverse engineer, or distribute any part of the Platform;
  • use the Platform to develop or train competing products;
  • attempt to access data or systems without authorisation;
  • use automated means (bots, scrapers) to access or collect information; or
  • use the Platform for unlawful, harmful, or defamatory purposes.

5. Merchant Responsibilities

As a Merchant, you are responsible for:

  1. Customer Data & Consent – ensuring that you have the legal right and consent to collect, process, and store your customers’ information using Hoora.
  2. Content Accuracy – all content (including text, images, pricing, and communications) that you upload or publish.
  3. End-Customer Engagements – all bookings, quotes, invoices, services, and payments between you and your customers.
  4. Compliance – adhering to applicable privacy, spam, and consumer laws (including the Privacy Act 1988 (Cth), Spam Act 2003 (Cth), and Australian Consumer Law).
  5. Security – protecting your login credentials and ensuring your internal staff comply with security best practices.

You must not use Hoora to:

  • send unsolicited or unlawful marketing messages;
  • store or transmit harmful or infringing material;
  • harass, defraud, or mislead any person; or
  • upload malware or malicious scripts.

6. Subscription Plans, Fees and Billing

a) Plans and Fees

Hoora operates on a subscription basis. Plans are described on our website or within your account dashboard. Each plan includes specific limits and features.

b) Billing

  • Fees are charged in Australian Dollars (AUD) and exclude GST where applicable.
    Subscriptions are billed in advance (monthly or annually).
  • Payments are processed through third-party payment processors such as Tyro, under their terms.
  • You authorise us to automatically charge recurring payments until cancelled.

c) Failed Payments

If a payment fails or is overdue, we may suspend or terminate your account after reasonable notice.

d) Refunds

Except as required under the Australian Consumer Law (ACL), all subscription fees are non-refundable.
We may, at our discretion, issue credits or partial refunds in exceptional cases.

e) Price Changes

We may revise pricing or plans with at least 30 days’ notice before renewal.
Continued use after the change constitutes acceptance of the new pricing.

7. Trial Periods and Beta Features

We may offer trial access or beta features.
Trials may be limited in time or functionality.
We reserve the right to modify or terminate trials or beta programs at any time without liability.

Beta features are provided “as is”, may contain bugs, and are not guaranteed to function reliably.

8. Merchant–Customer Relationship

Hoora acts solely as a technology platform.
We do not:

  • employ or endorse Merchants;
  • provide professional or trade services;
  • handle customer disputes; or
  • guarantee that bookings or payments will be successful.

You are fully responsible for the services you provide and any contractual or consumer obligations owed to your customers.

End-Customers acknowledge that their relationship is directly with the Merchant, not Hoora.

9. Payments and Financial Transactions

Hoora may integrate with third-party payment processors to enable transactions between Merchants and their customers.

  • Payment data (e.g. credit card details) is collected and processed by these providers, not stored by Hoora.
  • You authorise us and our payment partners to facilitate payments, refunds, and transfers as directed by you or your customers.
  • We are not responsible for chargebacks, failed payments, or reconciliation errors arising from your payment provider.

10. Intellectual Property

a) Hoora IP

All rights, title, and interest in the Platform (software code, architecture, AI models, algorithms, user interface, designs, trade marks, and documentation) belong to Hoora or its licensors.
Nothing in these Terms transfers ownership to you.

b) Your Content

You retain ownership of all data, text, and media you upload (“User Content”).
You grant Hoora a worldwide, royalty-free, limited licence to host, process, reproduce, and display your User Content solely for the purpose of providing and improving the Platform.

We may analyse aggregated and de-identified data to improve product performance and AI functionality.

You represent and warrant that your Content does not infringe any third-party rights.

11. Data Protection and Privacy

Your personal data and your customers’ data are handled under our Privacy Policy.
By using Hoora, you agree that we may collect, use, and disclose data as described in that Policy.

If you process your customers’ data through Hoora, you act as the “data controller” (or APP entity), and Hoora acts as your “data processor” (or service provider).
You must ensure compliance with all privacy laws and obtain appropriate consents from your customers.

12. Third-Party Services

Hoora may integrate or interoperate with third-party software, including:

  • Payment gateways (e.g. Tyro);
  • Email and SMS providers;
  • AI and analytics vendors; and
  • Accounting or CRM systems.

We do not control or guarantee the performance, security, or policies of third-party services.
Your use of them is governed by their own terms.

13. Service Availability

We strive to maintain reliable uptime and performance, but the Platform is provided “as available”.
We may occasionally need to perform maintenance, updates, or suspend access for:

  • infrastructure upgrades;
  • system improvements; or
  • unforeseen technical issues.

We will provide reasonable notice where possible but are not liable for downtime caused by factors outside our control.

14. Warranties and Disclaimers

To the maximum extent permitted by law:

  • The Platform is provided “as is” and “as available” without warranty of any kind.
  • We do not guarantee uninterrupted access, compatibility, or fitness for a specific purpose.
  • We make no representation that the Platform will meet all business, compliance, or performance requirements.
  • You acknowledge that AI-generated outputs, recommendations, or SEO content may contain inaccuracies or require human review.

Nothing in these Terms excludes warranties or rights that cannot be excluded under the Competition and Consumer Act 2010 (Cth).

15. Limitation of Liability

To the fullest extent permitted by law:

  • Hoora’s total liability for all claims in connection with these Terms is limited to the total fees paid by you to Hoora in the 12 months preceding the event giving rise to the claim.
  • Hoora is not liable for indirect, consequential, special, or punitive damages, including loss of revenue, profit, goodwill, or data.
  • We are not responsible for acts or omissions of third-party providers, system outages, or misuse of your credentials.

16. Indemnity

You agree to indemnify and hold harmless Hoora, its directors, officers, employees, and contractors from any claim, cost, or liability arising out of:

  • your use of the Platform;
  • your breach of these Terms;
  • your violation of applicable law; or
  • any claim brought by your customers relating to your services or data.

17. Confidentiality

Both parties agree to maintain the confidentiality of non-public business, technical, and financial information (“Confidential Information”).

Neither party may disclose the other’s Confidential Information except:

  • as required by law;
  • to authorised employees or advisers bound by confidentiality; or
  • with prior written consent.

18. Suspension and Termination

We may suspend or terminate your account if:

  • you breach these Terms;
  • you fail to pay fees when due;
  • you engage in fraudulent, abusive, or illegal conduct; or
  • continuing service would expose us to legal risk.

On termination:

  • your right to use the Platform ends immediately;
  • you must cease using our IP and systems; and
  • we may retain or de-identify data as necessary for legal, audit, or analytical purposes.

Termination does not affect accrued rights or obligations.

19. Dispute Resolution

If a dispute arises, both parties agree to:

  1. First attempt to resolve the issue through good-faith negotiation within 30 days; and
  2. If unresolved, refer the matter to mediation in Sydney, New South Wales, before commencing court proceedings.

These Terms are governed by the laws of New South Wales, Australia, and the parties submit to the exclusive jurisdiction of its courts.

20. Changes to the Terms

We may update these Terms to reflect operational or legal changes.
We will post the latest version at https://hoora.ai/terms and update the “Effective Date” above.

If we make material changes, we will notify you by email or in-app notice.
Continued use of Hoora after updates constitutes acceptance of the revised Terms.

21. Notices

All notices under these Terms must be sent in writing to hello@hoora.ai or to the address provided on your account.
Notices are deemed received within:

  • 24 hours for email; or
  • 5 business days for post.

22. Miscellaneous

  • Entire Agreement: These Terms and our Privacy Policy constitute the entire agreement between you and Hoora.
  • Assignment: You may not assign these Terms without our consent. We may assign them to an affiliate or successor.
  • Severability: If any provision is invalid, the remainder remains enforceable.
  • Force Majeure: We are not liable for events beyond our control (e.g., outages, natural disasters, strikes, cyberattacks).
  • No Waiver: Failure to enforce a provision does not waive our rights.

23. Contact

Hoora AI Pty Ltd
Email: hello@hoora.ai
Address: 81-83 Campbell Street Surry Hills NSW 2010 Australia
ABN: 87689552449

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