Terms of Service

---

Effective August 28, 2023

Welcome to Hoopla! Hoopla is a mental wellness app for parents and children to help children regulate their emotions and connect parents and children through fun, engaging activities. 

These are the Terms of Service (“Terms”) that apply to your access and use of the hooplafun.com website and our mobile device application (“App”) operated by Hoopla FZ-LLC (“Hoopla”). To make these Terms easier to read, hooplafun.com, our mobile application, and our services are collectively called the “Services.”

The term "you" refers to the Customer entering into these Terms. "Customer" means a user of Hoopla Services that downloads the Hoopla App or creates a Hoopla Customer account, which may use the account to access content on the Hoopla App. 

This document is a legally binding contract between you and Hoopla. Please read these Terms carefully before using hooplafun.com or the Hoopla App. By using the website or related mobile applications, you agree to be bound by these Terms. If you do not agree to all terms and conditions, you may not use Hoopla Services.

In addition to these Terms, you should review and accept Hoopla’s Privacy Policy, as it is included as part of these Terms.

Hoopla may update these Terms at any time. Any changes to the Terms will be posted on this page. Once posted, the updated Terms will be effective immediately. It is your responsibility to review the Terms on a regular basis to keep yourself informed of any changes. By continuing to access the Hoopla site or App or use its services, you agree to be bound by the updated Terms.

1. Customer Accounts

1.1 You must be 18 years of age, or the age of majority in your province, territory or country, to download and sign up as a registered user for any Hoopla Services. The App is intended for use by parents to assist children to identify and regulate their emotions. Individuals under the age of 18, or the applicable age of majority, may use the App and its content only with the involvement and consent of a parent or legal guardian, under such person’s account, and otherwise subject to these Terms. By creating an account and purchasing a subscription to the App (“Subscription”) you confirm that you are over the age of 18 years old. We reserve the right to cancel any Subscription that has not been purchased by the bank account holder. If you believe we may have personal information about a child that was not provided with parental consent, please contact us at hello@hooplafun.com.

1.2 You need to have an account to use the App, but you can still use the App for free within a limited trial period. Once you have created an account you can purchase a Subscription giving you access to all content within your App on an ongoing basis. 

1.3 You can create an account by registering within the App with your full name, a valid email address, and password. To set up users you must choose a nickname or Child’s name and enter their year of birth. You may be asked questions to provide Personal Information which can be answered or opted out of at any time. All your Personal Information is protected under our Privacy Policy.

1.4 You may subscribe to Hoopla via a monthly or annual subscription option. For the purposes for our monthly and yearly subscriptions, a month constitutes 30 days and a year constitutes 365 calendar days.

1.5 Your “Monthly” subscription begins automatically after the free trial period unless you cancel your subscription. At the end of each Subscription period, your Subscription will automatically renew, and you acknowledge and agree that Hoopla is authorized to charge the same credit card (“Payment Method”) as was used for the initial subscription. You will be charged again until you cancel the Subscription plan. You must cancel your Subscription before it renews in order to avoid billing of the next month’s subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial-month subscription period. If you want to change your Subscription you will need to cancel your current Subscription plan and purchase a new one. 

1.6 Your “Yearly” subscription is paid for by an upfront payment with automatic annual renewals. You acknowledge and agree that Hoopla is authorized to charge the same credit card (“Payment Method”) as was used for the initial subscription. You will be charged again until you cancel the Subscription plan. You must cancel your Subscription before it renews in order to avoid billing of the next year’s subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial subscription period. If you want to change your Subscription you will need to cancel your current Subscription plan and purchase a new one. 

1.7 If your Subscription is due to renew and the payment method fails, your Subscription will be cancelled at the end of the current Subscription period.

1.8 If you purchase a subscription through the Apple iTunes Store or our iPhone application, the sale is final, and we will not provide a refund. Your purchase will be subject to Apple’s applicable payment policy, which also may not provide for refunds. If you purchase a subscription through the Google Play store, the sale is final and we will not provide a refund. Your purchase will be subject to Google’s applicable payment policy, which also may not provide for refunds. 

1.9 Subscription fees may change from time to time, and we will try to give you notice of these changes before they come into effect. For existing Subscriptions, any changes we make will take effect at the start of your next Subscription renewal period after the price change. You will be considered to have agreed to the new price if you keep using the App after the price change. If you are unhappy with the price change you should cancel your Subscription before the change takes effect.

1.10 You will be solely responsible for maintaining the confidentiality and security of your account number and password. You agree to notify Hoopla immediately if you become aware of any unauthorized use of your account or password.

1.11 You agree that all use of Hoopla, and all activities that occur under your account will be considered authorized by you, and that you solely bear the responsibility for the consequences of the misuse of your accounts. 

1.12 Hoopla may limit, suspend or withdraw your account at any time, without notice, for breach of these Terms, or for any reason.

2. Device Requirements

2.1 To enjoy Hoopla your smartphone must satisfy certain system requirements. These requirements can be found on the Google and Apple App Marketplaces.

3. Customer’s Responsibilities 

3.1 You represent and agree that:

▪ you have full power and authority to accept the Terms and to fulfill your obligations under these terms and conditions;

▪ you will not copy, reproduce, download, republish, sell or distribute any information, text, images, graphics, video clips, sound, directories, files, databases or listings, available on or through Hoopla for any purpose; 

▪ You agree not to upload, post, email, or otherwise send or transmit or introduce any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software of hardware or equipment linked directly or indirectly with the Products or the Services. You agree not to interfere with the servers or networks underlying or connected to the Products or to violate any of the procedures, policies or regulations or networks connected to the Products or Services. You may not access the Products or Services in an unauthorized manner.

3.2 Hoopla has the right to terminate any account, if it learns of a violation or suspected violation of any of the points under 3.1, or for any reason it considers appropriate.

3.3 By breaching the provisions of this section 3, you may commit a criminal offense under applicable laws. We may report any such breach to the relevant law enforcement authorities, and we may cooperate with those authorities by disclosing your identity to them. In the event of such as breach, your right to use the Products and Services will cease immediately. 

4. Charges

4.1 The App may require the use of data access and text messaging and may incur charges from your mobile network provider. You are responsible for all charges that your mobile network provider may apply.

5. Third-Party Sites or Services 

5.1 Hoopla may give you access to third-party sites or services through hyperlinks, API or other means. You should review the third-party terms and conditions, as Hoopla has no control over and does not monitor such sites. Hoopla will not be liable to you for the content of these sites or your use of them.

5.2 Hoopla may offer you third-party services, such as delivery services. These services may be subject to a separate agreement between you and the service provider. Under no circumstances will Hoopla be liable to you for the use of such services. 

5.3 Third-party services may be subject to separate fees. You will be informed of such fees prior to  the performance of the services.

6. Liability and Indemnification

6.1 The Services provided by Hoopla are provided "as is", "as available" and "with all faults", and all warranties are excluded.

6.2 In this Clause 6, “Third Party” includes any person except for any affiliate, director, officer, employee or other personnel of Customer or Hoopla. 

6.3 You agree to defend Hoopla, its affiliates, directors, officers and employees against all Third-Party losses, claims and liabilities (including legal costs) which may result from your violation of these Terms, use of hooplafun.com or its services (or third-party services or sites offered through Hoopla). You agree to fully compensate Hoopla for any such claims. 

6.4 Hoopla has the right to take control of any legal matter under Clause 6.3.

6.5 Hoopla will not be liable to pay any consequential, indirect, punitive or incidental damages (including, but not limited to, damages for loss of profits or savings, business interruption or loss of information), resulting from your use of hooplafun.com, the Hoopla App, or any third-party services or sites offered through Hoopla.

6.6 Under no circumstances will the total liability of Hoopla exceed the lesser of (i) USD $1,000, or (ii) the fee paid or payable by the Customer or to Hoopla in the six-month period before the date that the damage or loss occurred.

6.7 The above clauses will apply even if Hoopla has been advised of, or should have been aware of, the possibility of any losses.

6.8 The above clauses will apply even if the Parties have been advised of, or should have been aware of, the possibility of any losses. 

6.9 Without limiting any of previous indemnification clauses, Customer is authorizing Hoopla to allow third parties (such as delivery service providers) to procure any necessary insurance coverage for all goods stored subject to this Agreement or related Quotation.

6.10 If applicable, Customer agrees to include a clause in all related insurance policies procured to waive any right of subrogation against Hoopla. 

7 Cooperation with Authorities

7.1  Hoopla has the right to cooperate fully with governmental or regulatory authorities or law enforcement in the investigation of any suspected criminal or civil wrongdoing.  As permitted by applicable laws and policies, Hoopla may disclose a user's identity and contact information regarding an account, transactions or activities carried on hooplafun.com. Hoopla will not be liable for damages due to such disclosure, and you agree not to bring any claim against Hoopla for the disclosure.

8 Force Majeure

8.1 Hoopla will not be liable to you for any lack of performance, or the unavailability of failure, of the Products or Services, or for any failure or delay by Hoopla to comply with these Terms, where such lack, unavailability or failure arises from any cause beyond our reasonable control.

9 Intellectual Property

9.1 Hoopla is the sole owner or lawful licensee of all the rights and interests in hooplafun.com, the Hoopla App, and its Content. Content from Hooplafun.com and Hoopla App contain trade secrets and other intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the hooplafun.com and Hoopla App and its Content belong to Hoopla. All other rights are reserved.

10 Medical Disclaimer

10.1 Hoopla is a provider of online and mobile meditation, mindfulness, relaxation, breathing, and movement content in the health & wellness space. We are not a health care or medical device provider, nor should our Products or Services be considered medical advice. Only your physician or other health care provider can do that. While there is third party evidence from research that meditation and breathing exercises can assist in regulating emotions and the prevention and recovery process for a wide array of conditions as well as in improving and enhancing social and emotional ussies, Hoopla makes no claims, representations or guarantees that the Products and Services provide a physical or therapeutic benefit.

10.2 Any health information and links on the Products and Services, whether provided by Hoopla or by contract from outside providers, is provided simply for your convenience.

10.3 To the extent that you participate in any movement content featured in the Products and Services, you represent and warrant that you are in adequate physical health to perform such activities and have no disability or condition that would make such movement dangerous. You should consult a licensed physician prior to beginning or modifying any exercise program that you undertake, including Hoopla, especially if you are pregnant, have a prior injury, a history of heart disease, high blood pressure, other chronic illness, or condition. You acknowledge that Hoopla has advised you of the necessity of doing so.

10.4 Any advice or other materials in the Products and Services are intended for general information purposes only. They are not intended to be relied upon and are not a substitute for professional medical advice based on your individual condition and circumstances. The advice and other materials we make available are intended to support the relationship between you and your healtcare providers and not replace it. We are not liable or responsible for any consequences of your having read or been told about such advice or other materials as you assume full responsibility for your decisions and actions. In particular, to the fullest extenet permitted by law, we make no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice, other material and information published as port of the Products and Services.

10.5 There have been rare reports where people with certain psychiatric problems like anxiety and depression have experienced worsening conditions in conjunction with intensive meditation practice or multi-sensory tools. People with existing mental health conditions should speak with their health care providers before starting a meditation practice or using multi-sensory tools. 

11 Notices

11.1 All notices or demands to Hoopla must be made in writing and sent personally, by courier or by email to: Attn: Hoopla, HD22A, First Floor, In5 Tech, Dubai Internet City, Dubai, United Arab Emirates. Email: hello@hooplafun.com

11.2 All legal notices or demands to a Customer will be delivered to the last known email address provided to Hoopla, unless otherwise required by specific laws or regulations.

12 General Clauses

12.1 Unless you have any additional agreements with Hoopla, these Terms represent the entire agreement between you and Hoopla as to your use of the website and any related applications or services, overriding any prior written or verbal agreements that may have been made.

12.2 These Terms do not create an agency, partnership, joint venture, employment or franchise relationship between you and Hoopla.

12.3 If any clause of these Terms is considered invalid or unenforceable, the remaining clauses will remain valid and enforceable.

12.4 If Hoopla does not enforce its rights or act against any breach by you under the Terms, it does not mean that Hoopla is waiving its rights to enforce actions against you in the future. 

12.5 Hoopla has the right to assign the Terms to any of its affiliate companies. You may not assign these Terms to any person or entity, without written consent from Hoopla.

12.6 These Terms are governed and determined by the laws and regulations of the United Arab Emirates as applied in the Emirate of Dubai. Any dispute, difference, controversy or claim arising out of or in connection with these Terms, will be subject to the exclusive jurisdiction of the Courts of Dubai (excluding Dubai International Financial Centre).

If you have any questions regarding these Terms, please contactus (hello@hooplafun.com).