Terms of Use
Published Feb 19th, 2021
1. Introduction
Welcome, and thank you for choosing our Service! We will do our best to exceed your expectations, but to clarify what you can expect and to please the legal team, you need to sign-off that you have read, understood and accepted our Terms of Use (in the following described as “Terms”).
If you sign up for our Service, you agree to these Terms and accept this as a legal agreement.
Loopify as - org.no 920 369 030 – Norway (“Loopify”, “we”, “us” and “our”) provides its users (“you” and “your”) a range of applications and supporting products, services, and resources (the “App”, “Services”) to enable you to collect data from and communicate with your visitors, subscribers and customers (all defined as “Subscribers” or “Contacts”). You may create one or several entities representing Companies or legal organizations, or be invited to collaborate with other Users in such entities. These entities will be referred to as “Accounts”. Loopify cooperates with service providers, business partners, licensors, suppliers, distributors, and information providers, which, together with our employees, will be referred to as “Providers”.
We process personal data in accordance with our Privacy Policy, which you acknowledge and confirm to have read by accepting these Terms. You further acknowledge and confirm to have read our Cookie Policy, which regulates our use of cookies, by accepting these Terms.
Upon acceptance of the Terms, you further acknowledge and agree that the parties have entered into a Data Processing Agreement with us, according to which you are the controller of the personal data which are processed under these Terms, and we are the data processor. You warrant that you have accepted, understood and will comply with all requirements under the Data Processing Agreement, as well as all other requirements under GDPR.
2. Eligibility
In order to use the Service, you must be at least eighteen (18) years old and able to enter into contracts. You will provide true, complete and up to date contact data, and warrant that you will not use the Service in any way that violates any laws or regulations, including our Terms. If you fail to comply with our eligibility requirements, Loopify may refuse service or close the relevant accounts. We may change eligibility requirements at any time. We will do our best to notify you 30 days in advance of any change in eligibility requirements, cf. also Clause 9.
3. Term and Termination
These Terms begin when you sign-up for Loopify, and continue as long as you are a registered user of the Service. The Terms will automatically continue to apply each new month unless your Account and the Services are terminated. You may choose to terminate your Account and the Services at any time for any reason by confirming this in the “Details and billing information” settings section available in the App.
We can terminate your Account and the Services to you by providing [30] days prior written notice. We can terminate your Account and the Services to you with immediate effect in case of a material breach of the Terms which is caused by you, or anyone acting on behalf of the company which you are representing. Further, we can suspend or terminate your Account and the Services with immediate effect we for any legal reason beyond our control need to cease the offering of the Services.
4. Account Ownership
When you create Accounts, you warrant that you have the authority to accept these Terms on behalf of the organizations they are used for. The User that registers an Account will be assigned as the Account Owner for this Account. An Account Owner can choose to transfer the Account Ownership to another Admin User. If this is done, only the new Account Owner can transfer the ownership to new Admin users and/or transfer the ownership back to previous owners. In case of disputes related to the Account Ownership, we may decide based on account content and provided contact information.
5. User Roles and Collaboration
You can invite new and existing Loopify Users to access one or several of your Loopify Accounts. If you invite new Users to your Account, you can select a preferred User role for the invited User. Before you invite Users to collaborate, you are obligated to read our definition of User Roles (available in the “User” app after you log in to the system). If you invite new Users to your Account, you warrant that you understand the risk related to sharing access to your data and our Service according to the selected User role you assign to the Users and that Loopify is not responsible for any wrongdoing from any of the Users in your Account.
6. Confidential Passwords
You are responsible for keeping the User name and password confidential. We are not responsible for any losses due to stolen or hacked passwords. You will alert us immediately if you believe that there has been a security breach. We may require a reset of your password and alert you if we believe that there has been a security breach that may affect your Account.
7. Billing
We accept credit cards as payment methods. You authorize us to deduct the monthly charges and/or credit payments against a valid credit card that you are authorized to use. When the credit card expires, you are responsible for providing a valid credit card. If any of our charges are rejected, your Account will be suspended until payment is completed.
Licenses are invoiced monthly upfront at the beginning of each month. The main license is based on the number of subscribers registered in your Account. If you choose to delete subscribers, they will be permanently deleted one month after they are set to be deleted and will be included in the subscriber count until they are permanently deleted.
The monthly license invoice may include licenses invoiced in arrears if the license period started during the last month, or if growth in the number of subscribers resulted in an upgraded license level during the last month. If the subscription is canceled the same month as the Account is upgraded to a paid account, we will invoice a full month.
You may send up to 10 emails per subscriber per month. If you send above this level, you will be invoiced a higher subscriber license level. If you cancel your Account and you have reached a higher pricing level the last month the Service has been in use, you will be required to make one additional payment at the higher level.
Additional license products are invoiced monthly up-front similar to the main license. Purchased pre-paid credits and other one time costs will be invoiced on purchase. Purchased credits and up-front invoiced licenses will not be refunded except if we stop providing our Service without cause.
We may change our billing process at any time by updating these Terms and/or change our fees. We will do our best to notify you 30 days in advance of any such change, cf. also Clause 9. Changes to our fees will be updated on our web pages and/or notified by email to our users.
8. Your Permissions and Rights
You warrant that you have permission to use all of the material uploaded and created in Loopify. You retain ownership of the materials you upload to the Service. We may use or disclose your materials only as we describe in these Terms and our Privacy Policy. The obligations and rights under these Terms cannot be transferred to anyone else, but you may transfer the ownership of your paid Accounts, as long as a new user accepts this transfer by registering a valid credit card for further invoicing. You may only use our brand assets according to our Brand Guidelines.
9. Our Permissions and Rights
Loopify will respect our Privacy Policy and respect your ownership of all your data registered in Loopify. We may review your data for the purpose of exposing illegal use and/or to improve the performance of our Service. We may assign similar rights to any other individual or entity at our discretion.
We will keep the proprietary rights to all software used to provide our Service. All intellectual property rights– which includes, but is not limited to, any patents, trademarks, designs, copyrights, business secrets and know-how – which is owned, developed, used, purchased or made available by us in relation to the Services, fully and exclusively belong to us.
We may change any of our Terms at any time. We will do our best to notify you 30 days in advance of any such change. Changes will be posted on our Website and/or sent by email to your registered email account. The new Terms will be effective either 30 days after we have notified you of the changes, or – at our sole discretion – the following month, even if this is sooner than 30 days after the notification. At our sole discretion we can also decide that changes shall be immediately effective after they have been made.
We may change the Website, the Service, or any features of the Service at any time. We will do our best to notify you 30 days in advance of any such change. We may offer Services with additional terms specific to each Service. Additional Terms will be considered incorporated into these Terms when you activate the feature. Where there is a conflict between these Terms and the Additional Terms, the Additional Terms will control.
If our Service is used for any purpose other than the intended use and/or in a way that results in an unreasonable or unexpected cost for Loopify, we may impose limitations at our discretion.
10. Requirements and Forbidden Actions
You cannot use Loopify to send unsolicited bulk e-mail (spam). All digital communication must contain a link that allows the User to cancel their subscription. Emails must include the following non-internet contact information: Your entity name, address, and phone number. Emails must include a description of why the subscriber receives the email and be compliant with all local regulations. You cannot upload any sensitive subscriber information, like passwords or social security numbers.
As the data controller, you are responsible for ensuring that there is a legal basis for the processing of all data which will be processed under these Terms, and that the processing otherwise is GDPR compliant.
You cannot use our Service to promote anything illegal, or send offensive content, or to harass anyone. You cannot send pornography or sexually explicit content, racist, fascist, or Nazi content, content that promotes escort and dating services or content that promotes gambling services or products. Any such misuse will be considered a material breach of these Terms, and we can immediately and without warning close your Account.
If you receive a high number of spam complaints (more than 0,1%), or the number of hard bounce is high (more than 5%), we may immediately and without warning close your Account, as this can reflect on our reputation and quality of Service to other accounts.
You cannot set up multiple accounts for any entity in order to send similar content unless you are a part of a franchise or retail organization with several legal entities.
You cannot copy or use any part of our Service to create a competing product or try to decipher or reverse engineer our software. Further, you are not allowed to copy, reproduce, use, modify etc. any of our intellectual property, cf. Clause 9. You are allowed to use images from the Loopify free content library in accordance with Clause 12.
11. Compliance with Laws
You represent and warrant that your use of Loopify will comply with all applicable laws and regulations, and are responsible for determining whether the use of Loopify are in conflict with any regulations or laws in the market you operate in and/or send communication to. This for example includes that you must comply with applicable marketing law, applicable data protection laws and all other relevant legislation. Loopify will not be liable if you use our Service in a way that does not comply with the legal regulations.
You may not use our Service for any unlawful or discriminatory activities
You warrant that you have a valid legal basis to transfer any form of subscriber data to Loopify and that you have collected, stored and used all data in compliance with all data protection laws and regulations that apply in the country you are located in and in the countries you send to. You will clearly describe in writing how you plan to use any data you collect, store, and process, including the use of these data in Loopify, and that you will comply with your privacy policy. You also warrant that you have the necessary legal basis to allow Loopify to receive and process data and send communications to that individual on your behalf.
You agree to indemnify and hold us harmless from any losses, including attorney fees, that result from your breach of any part of the warranties you have provided.
12. Use of Images from the Loopify Free Content Library
We have created a collection of images that can be used in the communication you create in Loopify. These images are collected from sites offering all commercial usage of such images. They are released under the Creative Commons CC0. To the extent possible under law, uploaders of the images have waived their copyright and related or neighboring rights to these images. You are free to use them for these images without attributing the original author or source.
- Images depicting identifiable persons may not be used for pornographic, unlawful or other immoral purposes, or in a way that can give a bad name to people, or imply endorsement of products and services by those persons, brands, organizations, etc.
- Since we / the sites we have collected these images from do not require a written Model Release for each Image that shows identifiable people, we cannot guarantee that you will be able to use the content for any purpose you like.
- Certain images or videos may be subject to additional copyrights, property rights, trademarks, etc. and may require the consent of a third party or the license of these rights. Loopify does not represent or make any warranties that it owns or licenses any of the mentioned, nor does it grant them.
13. No Warranties
To the maximum extent permitted by law, Loopify disclaims all warranties, express or implied, including but not limited to warranties of fitness for any particular purpose, merchantability, or noninfringement. The Service is delivered “as is” and “as available”. We do not warrant that the Service is error-free, and we do not warrant any kind of result by using the Service. All use of our Service is at your sole risk. Loopify is not responsible for the behavior of any Users or the behavior of any external entity or person and disclaims any warranties that are made by others on our behalf.
14. Limitation of Liability
To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of our Service. Loopify and our Providers shall under no circumstances be liable to you or any other person for any loss or damage that results from your use of our Service, including but not limited to indirect, punitive, special or consequential damages, loss of data, loss of profit or revenue, failure to achieve expected opportunities or savings, even if they are based on negligence, or we have been advised of the possibility of those damages. Our total liability for all claims made about the Service in any month will be no more than your total license cost the same month.
15. Indemnity
You will indemnify and hold Loopify and our Providers harmless from any losses, including attorney fees that result from claims that are not allowed under these Terms, and any third party claims that results from the use of Loopify that violate these Terms.
16. Charge of Attorney Fees
We are entitled to recover a reasonable fee to cover the cost from attorneys and spent by our Providers if we have to provide information in response to a subpoena or if we prevail in legal action against you due to breach of these Terms.
17. Assignments
You may not assign any of your rights under this agreement to anyone else without written approval from Loopify. We may assign our rights to any other individual or entity at our own discretion.
18. Choice of Law
Any disputes or litigation between you and Loopify relating to these Terms and your use of the Service will take place in The Norwegian Court in Oslo, Norway.
19. Force Majeure
Loopify will not be liable for any failure or delay in any part of our Service for the period that such failure or delay is beyond our reasonable control and could not reasonably have been foreseen or provided against. This includes but is not limited to war, riots, fire, flood, hurricane, typhoon, earthquake, lightning, explosion, strikes, lockouts, slowdowns, prolonged shortage of energy supplies, and acts of state or governmental action prohibiting or impeding us from performing our obligations under these Terms.
20. Survivability and Severability
The following sections of these Terms will continue to apply even if the agreement is terminated: Your permissions and rights, Our permissions and rights, Compliance with laws, No warranties, Indemnity, Choice of Law.
21. Notices
Notices to us are regarded as effective when sent to the following address: Loopify as, Maries vei 16 B, 1363 Høvik, NORWAY Attn: Legal Department. Notices from us are effective when sent to your registered email for your user account or sent to the physical account address you have registered in Loopify.
View prior version of our Terms
Terms updated February 3rd, 2018Terms updated November 28th, 2018
