Terms of Service

Effective Date: December 26, 2024
Last Updated: December 26, 2024

These Terms of Service ("Terms") govern your use of the Foloop service ("Service") provided by IT Solutions Bartłomiej Bankosz ("Foloop," "we," "us," or "our"). By using the Service, you agree to these Terms.

1. Service Provider

Provider:
IT Solutions Bartłomiej Bankosz
Moszczanka 7A
48-200 Prudnik, Poland
VAT: PL7551932915
Email: support@foloop.com

2. Acceptance of Terms

By accessing or using Foloop, you agree to be bound by these Terms, our Privacy Policy, and all applicable laws and regulations. If you do not agree, do not use the Service.

3. Service Description

Foloop is a WhatsApp CRM tool that provides:

  • Shared inbox for WhatsApp Business messages
  • SLA tracking (15/60/120 min response time thresholds)
  • Follow-up management and reminders
  • Team collaboration (conversation assignments, status tracking)
  • Reporting and analytics

The Service integrates with the WhatsApp Cloud API provided by Meta Platforms. You must have a WhatsApp Business Account to use the Service.

4. Eligibility

You must be at least 18 years old and have the authority to enter into these Terms on behalf of your organization. By using the Service, you represent that you meet these requirements.

5. Account Registration

  • You must provide accurate, complete, and current information during registration
  • You are responsible for maintaining the confidentiality of your account credentials
  • You are responsible for all activities that occur under your account
  • You must notify us immediately of any unauthorized use of your account
  • We reserve the right to suspend or terminate accounts that violate these Terms

6. Subscription and Billing

6.1 Plans and Pricing

We offer multiple subscription plans (Starter, Team, Pro). Pricing is available at foloop.com/pricing. Prices are in EUR or USD and exclude applicable taxes (VAT).

6.2 Payment

  • Subscriptions are billed monthly or annually in advance
  • Payment is due at the start of each billing period
  • We accept credit/debit cards and other payment methods as indicated
  • If payment fails, we may suspend or terminate your access

6.3 Refunds and Cancellation

  • You may cancel your subscription at any time via your account settings or by contacting support
  • Cancellations take effect at the end of the current billing period
  • No refunds for partial months or unused features
  • Pilot/early access users may be eligible for special terms (communicated separately)

6.4 Free Trial

We may offer a free trial. You will not be charged during the trial unless you subscribe. If you do not cancel before the trial ends, your subscription will start automatically.

7. Acceptable Use

You agree NOT to:

  • Use the Service for any illegal, harmful, or fraudulent purpose
  • Send spam, unsolicited messages, or violate WhatsApp's Commerce Policy or Business Policy
  • Interfere with or disrupt the Service or servers
  • Attempt to gain unauthorized access to any part of the Service
  • Reverse engineer, decompile, or disassemble the Service
  • Use the Service to transmit viruses, malware, or harmful code
  • Violate any applicable laws or regulations
  • Resell or redistribute the Service without our written permission

8. WhatsApp Cloud API Compliance

The Service uses the WhatsApp Cloud API. You agree to comply with:

Violation of WhatsApp policies may result in suspension or termination of your WhatsApp Business Account and/or your Foloop account.

9. Intellectual Property

9.1 Our Intellectual Property

The Service, including all software, designs, text, graphics, logos, and trademarks, is owned by us or our licensors and is protected by copyright, trademark, and other intellectual property laws.

9.2 Your Content

You retain ownership of all data you upload to the Service (messages, contacts, notes). By using the Service, you grant us a limited license to process your content solely to provide the Service.

10. Data and Privacy

Your use of the Service is subject to our Privacy Policy. By using the Service, you consent to the collection, use, and sharing of your data as described in the Privacy Policy.

11. Service Availability and Support

  • We strive for 99% uptime but do not guarantee uninterrupted or error-free service
  • We may suspend the Service for maintenance, updates, or security reasons
  • Support is provided via email during business hours (Monday-Friday, 9 AM - 5 PM CET)
  • Response times vary by plan (Starter: 48h, Team: 24h, Pro: 12h)

12. Disclaimers and Limitations of Liability

12.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

12.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • Your use or inability to use the Service
  • Any unauthorized access to or use of our servers and/or any personal information stored therein
  • Any interruption or cessation of transmission to or from the Service
  • Any bugs, viruses, or the like that may be transmitted to or through the Service by any third party

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

13. Indemnification

You agree to indemnify and hold harmless Foloop and its officers, employees, and agents from any claims, liabilities, damages, losses, and expenses (including legal fees) arising out of or in any way connected with your use of the Service or violation of these Terms.

14. Termination

  • You may terminate your account at any time by contacting support or via account settings
  • We may suspend or terminate your account if you violate these Terms or for any other reason at our discretion
  • Upon termination, your right to use the Service will immediately cease
  • We will retain your data for 90 days after termination, after which it will be permanently deleted (unless required by law)
  • You may request immediate data deletion via /data-deletion

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes via email or a prominent notice in the Service. Your continued use of the Service after changes constitutes acceptance of the new Terms.

16. Governing Law and Dispute Resolution

These Terms are governed by the laws of Poland. Any disputes arising out of or relating to these Terms or the Service shall be resolved in the courts of Opole, Poland.

If you are a consumer in the EU, you may also have the right to use the Online Dispute Resolution (ODR) platform: https://ec.europa.eu/consumers/odr

17. Miscellaneous

  • Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and us
  • Severability: If any provision is found to be invalid, the remaining provisions will remain in effect
  • Waiver: Our failure to enforce any right or provision does not constitute a waiver
  • Assignment: You may not assign these Terms without our written consent. We may assign these Terms at any time

18. Contact Us

For questions about these Terms, contact us:

Email: support@foloop.com
Mail: IT Solutions Bartłomiej Bankosz, Moszczanka 7A, 48-200 Prudnik, Poland

📱 WhatsApp and Meta Disclaimer

WhatsApp and WhatsApp Business are trademarks of Meta Platforms, Inc. Foloop is not affiliated with, endorsed by, or sponsored by Meta Platforms, Inc. or WhatsApp. Foloop is an independent service provider that integrates with the WhatsApp Cloud API.