Terms of Use

Welcome to the Hoperator website (the "Website"). The Hoperator.com website is owned, operated and maintained by Slacktravel, LLC dba Hoperator (hereafter referred to as “Hoperator”). We hope you enjoy the site and the products and services that it offers. The terms "we", "us", "our" and "Hoperator" refer to Slacktravel, LLC, a Missouri limited liability company doing business as Hoperator, and/or our subsidiaries. The term "you" refers to the customer visiting the Website and/or subscribing to Hoperator services.

I. Service Agreement Between Customer and Hoperator

SlackTravel, LLC, DBA Hoperator, 6600 Manchester Ave, St. Louis, MO, USA (“Provider”) will provide Client with subscription services to Provider’s software suite. The delivery of services (“Service” or “Services”) to Client by Provider will commence on the date set forth in the Subscription Term, or the date the plan’s trial account and will continue for twelve (12) months (the “Initial Term”), unless renewed by Client in writing on or before each anniversary of the Effective Date.

This Service is offered to Client conditioned upon acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the “Agreement”).

By accessing or using this Service in any manner, Client agrees to be bound by this Agreement.  Client expressly acknowledges to understand all terms and conditions stated herein. Provider reserves the right at any time, at its sole discretion, to change or otherwise modify the Agreement without prior notice, and Client’s continued access or use of this Service signifies express acceptance of the updated or modified Agreement. 

II. Data Processing and Privacy

Provider complies with the General Data Protection Regulation as more fully set forth in Section IX of this Agreement. In the case that Client imports data collected from outside sources (PMS integration, manual data import, etc), Client agrees to provide best practices in compliance with GDPR in the collection of website visitor and customer information that is collected outside the scope of Provider’s services.

III. Fees and Billing

Certain Services may, in Provider’s sole discretion, be provided without charge. In respect of Services for which Provider charges fees, in consideration of Provider providing such Services and access to the Services, (i) Client shall pay to Provider the fees set forth in the Plan’s Subscription Terms in accordance with the payment schedule specified therein, or (ii) if the Plan’s Subscription Terms do not set forth a payment schedule, Client shall prepay Provider by valid credit card, through electronic funds transfer (“EFT”), the annual or monthly subscription charges for the Services selected within fourteen (14) days of the issue date of the invoice.

Outbound text messages are billed in accordance with the current messaging rate plus any exchange fee for the country of the message destination. These fees are subject to change and vary based on Provider’s SMS provider, and Provider shall promptly notify Client in writing in respect of any such changes whenever reasonably possible. SMS billing is based on a monthly schedule in accordance with the date of SMS number procurement from Provider. 

If Client plan experiences an overage in conversations in a given billing cycle, Client will automatically be charged for the smallest block of conversations available, one hundred (100), to insure your service continues. Client may proactively add blocks of conversations at any time by notifying Provider in writing of such request.

IV. Term and Termination

The delivery of Services to Client by Provider will commence on the date set forth in the Plan’s Subscription Terms and continue for twelve (12) months (the “Initial Term”), unless renewed by Client in writing on or before each anniversary of the Effective Date.

Provider may terminate the Agreement at any time. Provider shall purge any contents of its online dashboard or APIs and shall, if requested, certify same in writing to Provider. In the event that Client terminates the account with Provider, Client may request an archive of Provider Contacts data to be delivered as a .csv file. 

In the event that Provider experiences any change in operations or ownership, Client shall be notified and upon receipt of notification, Client may request an archive of Contacts data to be delivered as a .csv file.

Notwithstanding any provision in the Agreement to the contrary, either party may suspend or terminate the Services at any time for the other party’s breach of the Agreement, provided such party has not cured such breach within an adequate period of time reasonably set in a written notice from the nonbreaching party. Should Client terminate the Agreement under an annual Subscription Plan, it is within Provider’s discretion to refund any remaining balance.

V. Communications

By creating an Account with Provider, Client agrees to subscribe to product updates, product feedback requests or promotional materials and any other information Provider may send. However, Client may opt out of receiving any non-account critical communications from Provider by following the unsubscribe link or instructions provided in any email sent.

 

VI. Use of Service

As a condition of Client’s use of this Service, Client expressly warrants that the following is true and accurate:

  1. Client or it’s representative is at least 18 years of age.

  2. Client or it’s representative possesses the legal authority to create a binding legal obligation.

  3. Client will use this Service in accordance with this Agreement.

  4. Client will only use this Service for a business for whom it is legally authorized to act on behalf of.

  5. All information supplied by Client to Provider is true, accurate, current and complete.

  6. Client will safeguard any and all of its account information and will supervise and be completely responsible for any use of its account by any of its employees, agents or representatives. Provider retains the right at its sole discretion to deny access to anyone to this Service and any other Services it offers, at any time and for any reason, including, but not limited to, for violation of this Agreement.

VII. Account Termination

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Provider has adopted a policy of terminating, in appropriate circumstances and at Provider’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. Provider may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If Client believes that an account holder or subscriber is a repeat infringer, Client shall provide information sufficient for Provider to verify that the account holder or subscriber is a repeat infringer.

VIII. Miscellaneous Provisions

  1. The place of contractual fulfillment is St. Louis, Missouri, USA.  Any and all disputes will be adjudicated in the jurisdiction of Missouri courts, specifically St. Louis County Circuit Court, and Client expressly acknowledges and consents to such forum selection for all dispute or litigation matters. 
  2. Client’s use of the Services, and Provider’s provision of the Services, signifies the parties’ assent to and acceptance of the terms of the Agreement.
  3. Provider reserves the right to amend the Terms of Use of the Services at any time and without notice, and it is Client’s responsibility to review the Agreement for any changes. Client’s use of the Services following any amendment of the posted Terms of this Agreement will signify Client’s assent to and acceptance of the revised Terms of any component thereof.
  4. Any and all changes and amendments to this Agreement must be made in writing. 

IX. General Data Protection Regulation Compliance

  1. Both parties will comply with all applicable requirements of the Data Protection Legislation. This clause is in addition to, and does not relieve, remove or replace, a party's obligations under the Data Protection Legislation.
  2. The parties acknowledge that for the purposes of the Data Protection Legislation, Client is the data controller and Provider is the data processor (where Data Controller and Data Processor have the meanings as defined in the Data Protection Legislation).
  3. Client will ensure that it has all necessary appropriate consents and notices in place to enable lawful transfer of Personal Data (as defined in the Data Protection Legislation) to Provider for the duration and purposes of, and in relation to, this Agreement.
  4. Provider shall, in relation to any Personal Data processed in connection with the performance by Provider of its obligations under this Agreement:
     

    (a)    process that Personal Data only on the written instructions of Client unless Provider is required by the laws of any member of the European Union or by the laws (Applicable Laws) of the European Union applicable to Provider to process Personal Data. Where Provider is relying on laws of a member of the European Union or European Union law as the basis for processing Personal Data, Provider shall promptly notify Client of this before performing the processing required by the Applicable Laws, unless those Applicable Laws prohibit Provider from so notifying Client;

    (b)    ensure that it has in place appropriate technical and organizational measures, reviewed and approved by Client, to protect against unauthorized or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorized or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymizing and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organizational measures adopted by it);

    (c)    ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential; and

    (d)    not transfer any Personal Data outside of the European Economic Area unless the prior written consent of Client has been obtained and the following conditions are fulfilled:

    i.  Client or Provider has provided appropriate safeguards in relation to the transfer;

    ii. the data subject has enforceable rights and effective legal remedies;

    iii. Provider complies with its obligations under the Data Protection Legislation by providing an adequate level of protection to any Personal Data that is transferred; and

    iv. Provider complies with reasonable instructions notified to it in advance by Client with respect to the processing of the Personal Data;

    (e)    assist the Client in responding to any request from a Data Subject (as defined in the Data Protection Legislation) and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;

    (f)    notify Client without undue delay on becoming aware of a Personal Data breach;

    (g)    at the written direction of Client, delete or return Personal Data and copies thereof to Client on termination of this Agreement unless required by Applicable Laws to store the Personal Data; and

    (h)    maintain complete and accurate records and information to demonstrate its compliance with this clause and allow for audits by Client or Client's designated auditor.
     

  5. Client does not consent to Provider appointing any third-party processor of Personal Data under this Agreement.
  6. Either party may, at any time on not less than 30 days' notice, revise this clause by replacing it with any applicable controller to processor standard clauses or similar terms forming party of an applicable certification scheme (which shall apply when replaced by attachment to this Agreement).
  7. For the purposes of this clause:
    Data Protection Legislation means: (i) unless and until the GDPR is no longer directly applicable in the UK, the General Data Protection Regulation ((EU) 2016/679) and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then (ii) any successor legislation to the GDPR or the Data Protection Act 1998.
  8. Notwithstanding the reference in this clause to the Hoperator website and Services (and the Terms of Use contained therein), for the avoidance of doubt, nothing contained therein shall otherwise vary the terms of this Agreement which constitutes the entire Agreement between the parties in accordance with clause VIII 4 (below) of this Agreement, and in the event of an inconsistency between any of the provisions of this Agreement and anything contained on such website from time to time, the provisions of this Agreement shall prevail.
  9. Each of the parties to this Agreement agrees to comply (and shall procure that each of its officers and employees comply) with all applicable anti-bribery and modem slavery laws (including, but not limited to, the Bribery Act 2010 and Modern Slavery Act 2015).

X. Disputes

Hoperator is committed to customer satisfaction, so if you have a problem or dispute, we will try to resolve your concerns.  But if we are unsuccessful, you may pursue claims as explained in this section.

You agree to give us an opportunity to resolve any disputes or claims relating in any way to the Website, any dealings with our customer service agents, any services or products provided, any representations made by us, or our Privacy Policy (“Claims”) by contacting Hoperator Customer Support at support@hoperator.com.

If we are not able to resolve your Claims within 60 days, you may seek relief through arbitration or in small claims court, as set forth below.

Any and all Claims will be resolved by binding arbitration, rather than in court, except you may assert Claims on an individual basis in small claims court if they qualify.  This includes any Claims you assert against us, our subsidiaries, travel suppliers or any companies offering products or services through us (which are beneficiaries of this arbitration agreement).  This also includes any Claims that arose before you accepted this Agreement regardless of whether prior versions of the Agreement required arbitration.

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 statutory damages, attorneys’ fees and costs), and must follow and enforce these Agreement as a court would.

Arbitrations will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA Consumer Rules. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, except as provided in this section.  If your total Claims seek less than $10,000, we will reimburse you for filing fees you pay to the AAA and will pay arbitrator’s fees, unless the arbitrator determines your Claims are frivolous.  You may choose to have an arbitration conducted by telephone, based on written submissions, or in person in the state where you live or at another mutually agreed location.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Claims to Hoperator Legal: Arbitration Claim Manager, c/o Padda, Benner & Benner, LLC, 3915 Brannon Avenue, St. Louis, Missouri 63109.  If we request arbitration against you, we will give you notice at the email address or street address you have provided.  A party requesting arbitration must also provide a copy of the request to the AAA, at Case Filing Services, 100 N Broadway, St. Louis, MO 63102 or online at www.adr.org or at any AAA office. 
Any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated or representative action.  If for any reason a Claim proceeds in court rather than in arbitration we each waive any right to a jury trial.  The Federal Arbitration Act and federal arbitration law apply to this agreement. An arbitration decision may be confirmed by any court with competent jurisdiction.

XI. Prohibited Activities

The content and information on this Website (including, but not limited to, price and availability of travel services), as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website without Hoperator’s express consent. Additionally, you agree not to:

  1. make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
  2. access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
  3. violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
  4. take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
  5. deep-link to any portion of this Website (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission; or
  6. "frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization.

Without limitation, any speculative, false, or fraudulent reservation or any reservation in anticipation of demand is prohibited. You agree that the travel services reservations facilities of this website shall be used only to make legitimate reservations or purchases for you or for another person for whom you are legally authorized to act. You understand that overuse, suspicious activity, signs of fraud, or abuse of the travel services reservation facilities of this website may result in Hoperator cancelling any bookings associated with your name, email address, or account, and closing any associated Hoperator accounts. If you have conducted any fraudulent activity, Hoperator reserves the right to take any necessary legal action and you may be liable for monetary losses to Hoperator, including litigation costs and damages.  To contest the cancellation of a booking, or freezing or closure of an account, please contact customer service at support@hoperator.com.

XII. Privacy Policy

Hoperator believes in protecting your privacy. Please click here to review our current Privacy Policy, which also governs your use of Hoperator, to understand our practices: Privacy Policy

XIII. Usage Rights

You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a "spam") to any Hoperator users. 

You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, "Content") that you submit, post or display on or via the Service.

You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.

Hoperator does not claim ownership of any Content that you post on or through the Service. Instead, you hereby grant to Hoperator a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Service, subject to the Service's Privacy Policy, available here https://www.hoperator.com/privacy-policy.

You are fully responsible for the content of your Submissions, (specifically including, but not limited to, comments posted to this Website). You are prohibited from posting or transmitting to or from this Website: (i) any unlawful, threatening, libellous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website. You acknowledge that Hoperator has the right to control (e.g. use, publish, remove) any content you submit without notice to you. Hoperator will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.

Although it is Hoperator’s intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.

You agree that you are responsible for all data charges you incur through use of the Service.
 
If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information:

  1. A clear identification of the copyrighted work you claim was infringed.
  2. A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Website, such as a link to the infringing material.
  3. Your contact information so that we can reply to your complaint, preferably including an email address and telephone number. 
  4. A statement that you have a "good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law."
  5. A statement that "the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
  6. The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices with respect to this Website should be sent to: 

Hoperator Legal: Website Notice, c/o Padda, Benner & Benner, LLC, 3915 Brannon Avenue, St. Louis, Missouri 63109. We will review and address all notices that comply with the requirements above.
 
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that you may be liable for damages if you make a false claim of copyright infringement.

XIV. Indemnification

You agree to defend and indemnify the Hoperator Companies, the Hoperator Affiliates, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

  1. Your breach of this Agreement or the documents referenced herein;
  2. Your violation of any law or the rights of a third party; or
  3. Your use of this Website.

XV. Links to Third-Party Sites

This Website may contain hyperlinks to websites operated by parties other than Hoperator. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, Trojan horses, defects and other items of a destructive nature. Inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

XVI. Software Available on this Website

Any software that is made available from this Website ("Software") is the copyrighted work of Hoperator, Hoperator Affiliates, and/or our respective suppliers. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this Website not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, non-transferable license to use the Software for viewing and otherwise using this Website in accordance with these terms and conditions and for no other purpose.
 
Please note that all Software, including, without limitation, all HTML code and Active X controls contained on this Website, is owned by the Hoperator Companies, Hoperator Affiliates, and/or our respective suppliers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.

XVII. Notice of Infringing Material

If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information.  Please note that we will not process your complaint if it is not properly filled out or is incomplete. Any misrepresentations in your notice regarding whether content or activity is infringing may expose you to liability for damages.  

  1. A clear identification of the copyrighted work you claim was infringed. 
  2. A clear identification of the material your claim is infringing is on the Website, such as a link to the infringing material. 
  3. Your address, email address and telephone number. 
  4. A statement that you have a "good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law." 
  5. A statement that "the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed." 
  6. A signature by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

You may send us your notice by email to Attn: IP/Trademark Legal Dept., DMCA Complaints or by using the contact information below:

         Hoperator
         Attn: IP/Trademark Legal Dept., DMCA Complaints
         c/o Padda, Benner & Benner, LLC
         3915 Brannon Avenue
         St. Louis, Missouri 63109

XVIII. Counter Notices

If material you have posted has been taken down, you may file a counter-notification by fax or regular mail that sets forth the items specified below.  You may want to seek legal counsel prior to doing so.  Please include the following details: 

  1. Identification of the specific content that was removed or disabled and the location where that content appeared on the Website. Please provide the URL address if possible.
  2. Your name, mailing address, telephone number and email address.
  3. A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Hoperator may be found, and that you will accept service of process from the party who reported your content, or that party’s agent.
  4. The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the content identified above was removed or disabled as a result of a mistake or misidentification.”

You may send us your notice by email to Attn: IP/Trademark Legal Dept., DMCA Complaints or by using the contact information below:

         Hoperator
         Attn: IP/Trademark Legal Dept., DMCA Complaints
         c/o Padda, Benner & Benner, LLC
         3915 Brannon Avenue
         St. Louis, Missouri 63109

XIX. General

These Terms of Use are governed by the Federal Arbitration Act, federal arbitration law, and for reservations made by U.S. residents, the laws of the state in which your billing address is located, without regard to principles of conflicts of laws.  Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including, without limitation, this paragraph. 

You agree that no joint venture, partnership, or employment relationship exists between you and the Hoperator Companies as a result of this Agreement or use of this Website.

Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use.

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of this Agreement at any time does not waive our right to enforce the same or any other provision(s) hereof in the future

This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and Hoperator with respect to this Website, our services and your dealings and relationship with us, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial, arbitration or any other proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are not intended to represent any real individual, company, product, or event.

Any rights not expressly granted herein are reserved.