Terms of Service

Effective Date: September 17, 2025

These Terms of Service (“Terms”) govern access to and use of Hopfirst’s web-based Transport Management System and mobile applications (collectively, the “Services”). By accessing or using the Services, the organization and its users (collectively, “Customer” or “Users”) agree to be bound by these Terms and all policies referenced herein, including the Privacy Policy. If any individual is accepting on behalf of an entity, such individual represents having authority to bind that entity to these Terms.

1. The Services

Hopfirst provides software-as-a-service tools for transport, logistics, and shipment operations, including web dashboards for shippers/transporters and mobile apps for drivers and transporters. Features may include trip creation and assignment, operational messaging, document exchange, status updates, and GPS-enabled trip tracking for selected trips. Service scope may evolve with updates, new modules, or beta features made available from time to time.

2. Accounts and Eligibility

• Customer must ensure that Users are authorized, maintain accurate account information, and keep credentials confidential. Customer is responsible for all activities under its accounts.
• Users must be at least 18 years old, or the local age of majority if higher, and comply with all applicable laws and road-safety requirements.

3. Acceptable Use

• Do not misuse the Services, disrupt other users, introduce malware, scrape, reverse engineer (except as permitted by law), or use the Services for unlawful, infringing, or harmful activities.
• Do not upload or transmit content that is illegal, defamatory, obscene, misleading, or violates third-party rights, including intellectual property or privacy rights.
• Compliance with applicable transport, labor, data protection, and telematics/location rules remains Customer’s responsibility.

4. GPS and Location Features

• The driver mobile app may collect real-time location data strictly for operational purposes and only for selected trips when GPS tracking is enabled from the web control panel by authorized Customer personnel. Tracking stops when a trip ends or is disabled.
• Customer is responsible for ensuring appropriate disclosures and obtaining any required consent from drivers and personnel, in accordance with applicable law and platform policies.
• Users can manage device-level permissions. Limiting permissions may impair certain features.

5. Customer Data and Privacy

• “Customer Data” means content, trip details, documents, identifiers, and operational information submitted to or collected by the Services on Customer’s behalf, including driver location during enabled trips.
• Customer retains ownership of Customer Data. Hopfirst may process Customer Data to provide, secure, and improve the Services, comply with law, and prevent abuse, in accordance with the Privacy Policy.
• Customer is responsible for data accuracy, lawfulness, and for configuring retention and access settings within the Services where available.

6. Intellectual Property

• Hopfirst and its licensors own all rights in the Services, software, interfaces, and related materials. No rights are granted except as expressly stated.
• Subject to these Terms and payment of fees (if applicable), Hopfirst grants a limited, non-exclusive, non-transferable, revocable license to access and use the Services during the subscription term solely for Customer’s internal business operations.

7. Fees and Billing

• Where paid plans apply, Customer agrees to pay fees as per the applicable order, plan, or invoice. Taxes, levies, and government charges are additional where applicable.
• Overdue amounts may incur late fees or suspension of Services. Subscription fees are typically non-refundable except as required by law or explicitly stated.

8. Support and Availability

• Hopfirst endeavors to provide reasonable technical support and maintain commercially reasonable uptime. Planned maintenance or emergency work may affect availability.
• Customer acknowledges that telecommunications, device hardware, third-party clouds, and platforms may impact performance and availability.

9. Third-Party Services

The Services may interoperate with third-party systems, maps, telematics, or communication services. Hopfirst is not responsible for third-party services and does not control their terms, privacy practices, or availability.

10. Compliance and Consents

• Customer will ensure appropriate notices and consents for employees, drivers, and contractors regarding tracking, communications, and data processing as required by applicable laws.
• Customer will not instruct Hopfirst to process data in violation of law and will promptly notify Hopfirst of relevant regulatory requests or incidents affecting Customer Data.

11. Confidentiality and Security

• Each party may access the other’s confidential information and will use it only for purposes of the Services and protect it with reasonable care.
• Hopfirst implements administrative, technical, and physical safeguards appropriate to the nature of the Services and Customer Data.

12. Warranties and Disclaimers

• The Services are provided “as is” and “as available.” Hopfirst disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
• Hopfirst does not warrant uninterrupted or error-free operation, nor that the Services will meet specific performance metrics, route outcomes, or regulatory requirements.

13. Limitation of Liability

• To the maximum extent permitted by law, Hopfirst is not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or loss of profits, data, goodwill, or business interruption.
• Hopfirst’s aggregate liability arising out of or related to the Services will not exceed the amounts paid by Customer to Hopfirst for the Services in the twelve (12) months preceding the event giving rise to the claim.

14. Indemnification

• Customer will indemnify, defend, and hold harmless Hopfirst from claims arising out of Customer’s content, misuse of the Services, violation of law, or infringement of third-party rights.
• Hopfirst will indemnify Customer for third-party IP infringement claims alleging that the unmodified Services infringe such party’s intellectual property rights, subject to customary exclusions and Customer’s prompt notice and cooperation.

15. Suspension and Termination

• Hopfirst may suspend or restrict access for security risks, non-payment, suspected violations of these Terms, or to comply with law.
• Either party may terminate for material breach not cured within thirty (30) days of written notice. Upon termination, Customer must cease use, and Hopfirst will make Customer Data export available for a limited time where feasible.

16. Changes to the Services or Terms

• Hopfirst may update features, plans, or these Terms. Material changes will be communicated through the Service or other reasonable means and become effective as stated in the notice.
• Continued use after the effective date of changes constitutes acceptance of the updated Terms.

17. Governing Law and Dispute Resolution

• These Terms are governed by the laws applicable in India, without regard to conflict of laws principles.
• Parties will first attempt to resolve disputes amicably; failing which, disputes shall be subject to the exclusive jurisdiction of competent courts located in Mumbai, Maharashtra, India.

18. Export and Compliance

Customer represents that it and its Users are not prohibited persons and will comply with applicable export control, sanctions, and anti-corruption laws in connection with the use of the Services.

19. Miscellaneous

• Entire Agreement: These Terms, the Privacy Policy, and any order form constitute the entire agreement and supersede prior discussions.
• Assignment: Customer may not assign these Terms without Hopfirst’s prior written consent; Hopfirst may assign to an affiliate or in a merger, acquisition, or sale of assets.
• Severability: If any provision is unenforceable, the remaining provisions remain in effect.
• No Waiver: Failure to enforce a provision is not a waiver.
• Notices: Legal notices may be sent to the contact details provided by the parties. Operational notices may be delivered within the Services.

Contact

Questions about these Terms may be directed to:

Email: support@hopfirst.com
Mailing Address: 1203, 12th Floor, Mayuresh Chambers Premises Co-Op Soc. Ltd., Plot No 60, Sector 11, CBD Belapur - 400614

Note: Consider aligning internal policies and consent workflows with best-practice SaaS terms (e.g., acceptance of terms, license scope, fees, data ownership, warranties, and changes to terms), and ensure your driver consent and location prompts follow platform and legal guidance for clarity, timing, and opt-in.