Terms Loopify as – published February 3rd 2018

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 & conditions, including all the sections presented: General terms, Privacy policy and Copyright policy (later described together as “Terms”). If you sign up to 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”.

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. Loopify may refuse service, close accounts of any users, and change eligibility requirements at any time.

3. Term & Termination

These Terms begin when you sign-up for Loopify, and continue as long as you are a registered user of the Service. You may choose to terminate you account at any time for any reason by confirming this in the “Details and billing information” settings section available in the App. We may suspend our Service to you at any time with our without cause.

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 earlier owners. In case of disputes related to the account ownership, we may decide based on account content and provided contact information.

5. User roles & 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 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 card as payment method. 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 is rejected, your account will be suspended until payment is completed.

Licenses are invoiced monthly up front in the beginning of each month. The main license is based of 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 cancelled 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 cost 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 up change our fees. Changes to our fees will be updated on our web pages and/or notified by email to our users.

8. Your permissions & 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 & 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.

We may change any of our Terms at any time. Changes will be posted on our Website and/or sent by email to your registered email account. The new terms will be effective the following month. We may change the Website, the Service, or any features of the Service at any time. 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 Spam (as defined here: https://www.spamhaus.org/consumer/definition/). 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.

You cannot send digital communication without express consent from all subscribers and will only never use Loopify to send to purchased, rented or third-party list of subscribers. The consent is only valid if it has been given the last year or if you have sent digital communication to the subscribers the last year based on a valid consent.

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.

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 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.

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 use of Loopify are in conflict with any regulations or laws in the market you operate in and/or send communication to, like the EU Data Privacy Laws, HIPAA or GLB. 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, including acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, or other laws that apply to commerce.

If you are located in the EU/EEA or Switzerland or process data on behalf of EU/EEA and Swiss individuals, you warrant that you have express consent from all subscribers 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 applies 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 use of these data in Loopify, and that you will comply with your privacy policy. You also warrant that you have the necessary permission 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 images 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.

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 behaviour of any Users or the behaviour 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 use of Loopify that violate these Terms.

16. Charge of attorney fees

We are entitled to recover a reasonable fee to cover cost from attorneys and time spent by our Providers if we have to provide information in response to a subpoena or if we prevail in a 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 a 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 & rights, Our permissions & rights, Compliance with laws, No warranties, Indemnity, Choice of Law.

21. Notices

Notices to us is regarded as effective when sent to the following address: Loopify as, Thunes vei 2, N-0274 OSLO, NORWAY Attn: Legal Department. Notices from us is effective when sent to your registered email for your user account or sent to the physical account address you have registered in Loopify.