Terms of Service

1. Agreement

These Terms of Service ("Terms") govern your access to and use of GetLoomic ("Platform," "we," "our") at getloomic.com. By using the Platform, you agree to these Terms and our Privacy Policy. If you use the Platform on behalf of an organization, you represent that you have authority to bind that organization.

2. Nature of the Service

Platform only. GetLoomic is an AI-powered outreach automation platform. You configure campaigns by specifying your Ideal Customer Profile ("ICP"), email templates, daily send limits, and scheduling parameters. After you activate a campaign, the Platform autonomously and on a daily basis searches for leads matching your ICP (via integrated third-party data providers such as Apollo.io), generates personalized email drafts using AI, and sends emails from your connected email account based on your configured parameters. You may pause, modify, or terminate any campaign at any time from the Platform dashboard. We do not control your mail accounts. We are not the sender of any communication. You are solely the sender of record and solely responsible for compliance with all applicable laws (including CAN-SPAM, CASL, GDPR, PIPEDA, and local marketing and data protection laws) in every jurisdiction where you send email or process personal information.

Campaign activation is your instruction. Activating a campaign constitutes your explicit, ongoing instruction to perform the above actions (lead sourcing, AI drafting, and sending) daily within the parameters you configured, until you pause or stop the campaign. The ICP targeting criteria, daily send limits, email templates, and all other parameters are set by you and remain under your control at all times. We act solely as a technical intermediary executing your instructions.

No guarantee. We do not guarantee delivery, inbox placement, or legal compliance of your campaigns. You use the Platform at your own risk.

3. Third-Party Data Providers

The Platform integrates with third-party data providers (including Apollo.io) via API credentials that you supply. By connecting a third-party data provider account, you represent and warrant that:

• You have a valid, active account with the relevant provider and are authorized to use its API;
• Your use of data obtained through such providers complies with the provider's Terms of Service, Data Use Policy, and all applicable laws;
• You have a lawful basis to process and contact the individuals whose data is returned by the provider;
• You will not exceed the usage limits, rate limits, or permitted use cases defined by the provider.

We store your API credentials in encrypted form solely to execute lead searches on your behalf. We do not sell, share, or use third-party provider data for any purpose other than executing your active campaigns. You are solely responsible for maintaining your provider account in good standing and for any violations of provider terms arising from your use. GetLoomic is not affiliated with, endorsed by, or responsible for Apollo.io or any other third-party provider.

4. Acceptable Use

You agree not to use the Platform for illegal purposes, to violate any law, to infringe third-party rights, or to send spam or unsolicited communications in violation of applicable rules. Detailed rules (including volume expectations and abuse reporting) are in our Acceptable Use Policy and Anti-Spam Policy. You are responsible for obtaining any consent required for your campaigns and for the accuracy and lawfulness of your data and content. We may suspend or terminate access for breach of these Terms.

Prohibited uses include, without limitation:

• Sending emails that violate CAN-SPAM, CASL, GDPR, or any other applicable anti-spam or data protection law;
• Impersonating any person or entity or misrepresenting your affiliation;
• Sending content that is defamatory, harassing, threatening, obscene, discriminatory, or otherwise unlawful;
• Promoting or facilitating illegal goods or services, including illegal drugs, weapons, stolen items, counterfeit goods, or content that sexually exploits or endangers minors;
• Promoting fraudulent, deceptive, or misleading schemes (including pyramid schemes, MLM, get-rich-quick claims, unregistered securities, and similar);
• Promoting unlicensed financial, medical, legal, or pharmaceutical services;
• Promoting cryptocurrency pumps, ICOs, or unregistered token offerings;
• Promoting gambling, adult content, or regulated industries without required licenses;
• Targeting recipients based on protected characteristics (race, religion, national origin, gender, disability, or similar) in a manner that violates anti-discrimination laws;
• Importing or using data obtained through unauthorized scraping, purchased lists from unverified sources, or any source that does not grant you lawful processing rights;
• Attempting to circumvent the Platform's compliance controls, rate limits, country restrictions, or suppression lists;
• Reverse engineering, reselling, or sublicensing the Platform without our prior written consent.

Reports of abuse may be sent to service@getloomic.com. We investigate reports in good faith and may suspend accounts pending investigation.

5. Account and Payment

You must provide accurate account information and keep it updated. If you subscribe to a paid plan, you agree to pay applicable fees. Fees are billed monthly in advance and are non-refundable except as described in Section 6 or as required by law. We may change pricing with at least thirty (30) days' prior notice; continued use after changes constitutes acceptance. Taxes, if applicable, are your responsibility unless we are legally required to collect them.

Failed payments. If payment fails, we may suspend Platform access, pause active campaigns, and attempt to re-charge the payment method. Accounts more than fourteen (14) days past due may be terminated, and outstanding amounts remain owed.

6. Refund Policy

All subscription fees are non-refundable except in the following specific cases:

• Service unavailability. If the Platform is materially unavailable for more than seventy-two (72) consecutive hours due to our technical failure (excluding scheduled maintenance, force majeure, and third-party service outages), you may request a pro-rata refund for the affected period.
• Duplicate or erroneous charges. Charges made in duplicate or in error due to our billing mistake will be refunded upon verification.
• Required by law. Where applicable consumer protection law requires a refund, we will comply.

To request a refund, contact service@getloomic.com within thirty (30) days of the charge. Cancellation takes effect at the end of your current billing period; you retain access through that period. We do not refund unused portions of a billing cycle following cancellation, except as stated above. Chargebacks filed without first contacting us in good faith may result in account termination and collection of disputed amounts plus processing costs.

7. Intellectual Property and Data

Platform IP. The Platform, including all software, designs, trademarks, logos, and documentation, is our property or licensed to us. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Platform solely for your internal business purposes and only in accordance with these Terms.

Your content. You retain all ownership rights in content, data, and materials you upload, enter, or generate through the Platform ("Your Content"). You grant us a limited, worldwide, royalty-free, non-exclusive license to host, store, process, transmit, display, reproduce, modify (for formatting purposes only), and create derivative works of Your Content solely to the extent necessary to provide, maintain, and secure the Platform and to comply with law. This license is limited to the duration of your account plus any retention period required for backups, legal holds, or regulatory obligations, and terminates upon deletion of Your Content (subject to standard backup cycles).

No training on Your Content. We do not use Your Content, Google user data, or any personally identifiable information processed on your behalf to train, fine-tune, or improve any AI or machine learning model (whether ours or any third party's). AI processing is transactional: inputs are used only to generate the immediate output you requested.

Feedback. If you provide suggestions, ideas, or feedback about the Platform, you grant us a perpetual, irrevocable, royalty-free, worldwide license to use such feedback without obligation to you.

8. AI-Generated Content

The Platform uses third-party artificial intelligence services (including, but not limited to, Anthropic Claude) to generate personalized email drafts, enrichment suggestions, and similar content ("AI Output") based on inputs you provide.

You acknowledge and agree that:

• AI Output may contain errors. AI systems can produce inaccurate, outdated, misleading, or fabricated information ("hallucinations"). AI Output is provided for drafting assistance only and must not be treated as factually verified content.
• Your responsibility to review. You are solely responsible for reviewing, verifying, editing, and approving AI Output at the time you configure your campaign — including email templates, ICP parameters, and personalization settings — before activating sending. Once a campaign is active, the Platform sends emails autonomously based on the parameters and templates you approved; you may pause or stop the campaign at any time from the dashboard. Using AI-generated templates or content without meaningful review prior to campaign activation is at your own risk.
• Your warranties. You warrant that any content you send through the Platform (whether AI-assisted, manually written, or otherwise) is accurate, lawful, non-defamatory, non-discriminatory, non-harassing, not misleading, and does not infringe upon the intellectual property, privacy, publicity, or other rights of any third party.
• No endorsement or advice. AI Output does not constitute legal, medical, financial, tax, or other professional advice. You must not rely on AI Output for such purposes.
• Our disclaimer. We make no representations or warranties regarding the accuracy, quality, or appropriateness of AI Output. To the maximum extent permitted by law, GetLoomic disclaims all liability for claims, damages, or losses arising from AI Output or from content you chose to send (whether AI-assisted or not), including but not limited to defamation, discrimination, false advertising, or intellectual property infringement claims brought by recipients or third parties.
• Indemnification. You agree to defend, indemnify, and hold GetLoomic harmless from any claim arising from content sent through the Platform, expressly including AI-assisted content, as further described in Section 13 (Indemnification).

9. Suppression List and Opt-Out

The Platform provides a per-account suppression record and a tokenised unsubscribe URL you can include in your emails. When a recipient clicks a Platform-issued unsubscribe link, their email address is added to your suppression record and the corresponding lead, where present in the Platform, is marked stopped. You agree that:

• all commercial messages you send through your connected mailbox include a Platform-issued unsubscribe link, or another working opt-out mechanism that satisfies CAN-SPAM, CASL, and any other applicable law;
• you check suppression data before any subsequent send to the same recipient, including in your own automation workflows and integrations;
• you process opt-out requests received by any channel (Platform link, reply, manual email, or third-party notice) within ten (10) business days of receipt where CAN-SPAM, CASL, or other applicable law imposes that deadline;
• you do not circumvent, override, or remove opt-out records from the suppression list.

Suppression records are retained indefinitely as required for CAN-SPAM and anti-spam compliance. You may not delete suppression records except where required by a verified legal right to erasure under applicable data protection law, in which case the opt-out status must still be preserved in anonymized form.

10. Disclaimers

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. NOTHING ON THE PLATFORM CONSTITUTES LEGAL, TAX, OR COMPLIANCE ADVICE.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GETLOOMIC AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, OR PROFITS, ARISING FROM YOUR USE OF THE PLATFORM, YOUR CAMPAIGNS, OR ANY AI OUTPUT. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING UNDER OR RELATED TO THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; IN SUCH CASES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

12. No Guarantee of Results

GetLoomic does not guarantee any specific outcomes from your use of the Platform, including but not limited to email delivery rates, open rates, reply rates, lead generation, conversions, or revenue. Results depend on many factors outside our control, including the quality of your content, your reputation, your domain, and the recipients you choose. You use the Platform at your own risk and accept full responsibility for the outcomes of your campaigns.

13. Indemnification

You agree to defend, indemnify, and hold harmless GetLoomic and its affiliates, officers, employees, and agents from and against any claims, damages, losses, liabilities, judgments, fines, penalties, costs, and expenses (including reasonable attorneys' fees) arising from or related to: (a) your use of the Platform; (b) Your Content or any content you sent through the Platform (expressly including AI-assisted content); (c) your campaigns or the recipients, targeting, timing, frequency, or content thereof; (d) your violation of these Terms, any law, or any third-party right; (e) any fines or penalties imposed by regulators (including but not limited to the U.S. Federal Trade Commission, state attorneys general, the California Privacy Protection Agency, the Competition Bureau of Canada, the CRTC under CASL, and equivalent authorities) in connection with your use of the Platform or your campaigns; or (f) any dispute between you and a recipient, lead, employer, employee, or other third party. This obligation survives termination of these Terms.

14. Eligibility

You must be at least 18 years of age to use the Platform. The Platform is not directed to children under 13, and we do not knowingly collect personal information from children. By using GetLoomic, you represent and warrant that you are at least 18 years old, have the legal capacity to enter into these Terms, and are not barred from using the Platform under applicable law.

15. Dispute Resolution and Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the Platform shall be resolved by binding individual arbitration, not in court. You and GetLoomic each waive the right to a jury trial and the right to participate in a class action, collective action, or representative proceeding. The arbitration shall be conducted under the rules of the British Columbia International Commercial Arbitration Centre ("BCICAC"), or a similar body agreed upon by the parties, in English, with a single arbitrator, and shall be governed by the laws of the Province of British Columbia. If arbitration is not enforceable in your jurisdiction, disputes shall be resolved in the courts specified in Section 16.

Exception for small claims and injunctive relief. Notwithstanding the above, either party may (a) bring claims in small claims court if they qualify, or (b) seek injunctive or other equitable relief in any court of competent jurisdiction to prevent misuse of intellectual property or confidential information.

Opt-out. You may opt out of this arbitration agreement by sending written notice to service@getloomic.com within thirty (30) days of first accepting these Terms. Opting out will not affect any other provision of these Terms.

16. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of law principles. Any legal action or proceeding not subject to arbitration shall be brought exclusively in the courts of British Columbia, Canada, and you consent to the personal jurisdiction of such courts.

17. Force Majeure

GetLoomic shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemics, government actions, power or internet failures, third-party service outages, or actions by suppliers of data, AI services, or email infrastructure.

18. Suspension, Termination, and Data

We may suspend or terminate your access at any time for breach of these Terms, suspected illegal activity, non-payment, or at our discretion with reasonable notice where feasible. Upon termination: (a) your right to use the Platform ceases immediately; (b) we may delete your data after a reasonable period (no less than 30 days) unless required by law to retain it; (c) sections on Limitation of Liability, Indemnification, Governing Law, Arbitration, Refund Policy, Intellectual Property, AI-Generated Content, and Disclaimers survive termination; (d) you remain liable for all amounts owed through the termination date.

19. Copyright Notices

We respect intellectual property rights. If you believe content on the Platform infringes your copyright, send a written notice to our designated agent at service@getloomic.com containing: (a) a physical or electronic signature of the copyright owner or authorized agent; (b) identification of the copyrighted work claimed to be infringed; (c) identification of the material claimed to be infringing and its location on the Platform; (d) your contact information; (e) a statement that you have a good-faith belief the use is not authorized; and (f) a statement that the information in the notice is accurate and you are authorized to act on the owner's behalf.

Canadian users. This Platform is operated under the laws of Canada. Copyright infringement notices sent by Canadian rights holders will be processed in accordance with the notice-and-notice regime under the Copyright Act, R.S.C. 1985, c. C-42, as amended.

U.S. users. For users in the United States, we also comply with the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512. Counter-notifications from U.S. claimants must contain the information required by 17 U.S.C. § 512(g).

We may remove or disable access to allegedly infringing material and terminate accounts of repeat infringers. All notices and counter-notifications should be sent to the email address above.

20. Export Controls and Sanctions

You may not use the Platform in, or export, re-export, or transfer the Platform to, any country or party subject to U.S. sanctions (including those administered by OFAC). You represent that you are not located in, or a resident or citizen of, any such country, and are not on any U.S. government list of prohibited or restricted parties.

21. Changes to Terms

We may change these Terms from time to time. The "Last updated" date will be revised. Continued use after changes constitutes acceptance. Material changes may be communicated via email or a notice on the Platform.

22. Miscellaneous

Severability. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remaining Terms will remain in full force and effect.

Entire Agreement. These Terms and our Privacy Policy constitute the entire agreement between you and GetLoomic regarding the Platform and supersede all prior agreements, representations, and understandings.

Waiver. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Assignment. You may not assign or transfer these Terms or any rights hereunder without our prior written consent. We may freely assign our rights and obligations under these Terms, including in connection with a merger, acquisition, or sale of assets.

No agency. Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and GetLoomic.

23. Contact

For all inquiries — including questions about these Terms, abuse reports, and DMCA notices — contact service@getloomic.com. Please include "Abuse Report" or "DMCA Notice" in the subject line as applicable.