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 a preparation and drafting tool. You use it to research, enrich, and draft content. You activate and can pause campaigns; emails are sent from your connected account when you choose to send (from the app or via API). We do not initiate sending on our own and 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, GDPR, and local marketing and data protection laws).

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

3. 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. 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.

4. 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 non-refundable except as required by law or as stated in the plan. We may change pricing with notice; continued use after changes constitutes acceptance.

5. Intellectual Property and Data

We grant you a limited license to use the Platform as provided. You retain ownership of your content and data. You grant us a license to use, store, and process your content and data as necessary to operate the service and as described in our Privacy Policy. Our name, logo, and the Platform are our property.

6. 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.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GETLOOMIC AND ITS AFFILIATES, OFFICERS, AND EMPLOYEES 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 OR YOUR CAMPAIGNS. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

8. Indemnification

You agree to indemnify, defend, and hold harmless GetLoomic and its affiliates from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from your use of the Platform, your content, your campaigns, your violation of law or third-party rights, or any breach of these Terms.

9. 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.

10. Eligibility

You must be at least 18 years of age to use the Platform. By using GetLoomic, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.

11. 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 American Arbitration Association (AAA) or a similar body agreed upon by the parties. If arbitration is not enforceable in your jurisdiction, disputes shall be resolved in the courts specified in Section 12.

12. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to conflict of law principles. Any legal action or proceeding not subject to arbitration shall be brought exclusively in the state or federal courts located in Delaware, and you consent to the personal jurisdiction of such courts.

13. 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, or third-party service outages.

14. Suspension, Termination, and Data

We may suspend or terminate your access at any time for breach of these Terms, suspected illegal activity, or at our discretion with 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, and Disclaimers survive termination.

15. 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.

16. 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.

17. Contact

For questions about these Terms: service@getloomic.com