Terms of Use
Welcome to Loomi!
Loomi is provided by YOSOCIAL NETWORKS PTE. LTD ("YOSOCIAL", "we", "us", "our"). For purposes of these Terms of Use ("Terms"), "you" and "your" means you as the user of the Services.
These Terms govern the relationship and serve as an agreement between you and us and set forth the terms and conditions by which you may access and use our website, application ("App") and other related products, services, software, tools, content and documentation (collectively, "Services").
The Services are for personal use only. We make no warranty that the Services are available or will continue to be available in certain jurisdictions. The functions or features of the Services may also vary in different jurisdictions.
These Terms form a legally binding agreement between you and us. BY USING THE SERVICES, YOU INDICATE THAT YOU ACCEPT THESE TERMS AND YOU AGREE TO ABIDE BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE REFRAIN FROM USING THE SERVICES.
1. Our Services
Loomi is a platform that enables you to explore and create entertainment content, which may be powered by third-party Large Language Models and other models or services.
1.1. Modification of the Service
We reserve the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of any the Services.
1.2. Suspension or Termination of Services
We may suspend or terminate your use of the Services as a result of your fraud or breach of any obligation under these Terms. Such termination or suspension may be immediate and without notice.
1.3. General Practices Regarding Use and Storage
You acknowledge that we may establish general practices and limits concerning use of the Services, including, without limitation, the maximum period of time that data or other content will be retained by the Services. You agree that we have no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Services. You acknowledge that we reserve the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
2. Your Account
2.1. Account Creation
To access or use the Services, you need to create an account with us and log in to your account. If you create an account on Loomi and submit information to us, you must ensure that such information is accurate and promptly updated as necessary.
Any account that you create with us is personal to you and shall be used ONLY by you. Without our written permission, you are prohibited from gifting, lending, transferring or otherwise permitting any other person to access or use your account. YOU WILL NOT SHARE OR OTHERWISE TRANSFER YOUR ACCOUNT OR CREDENTIALS. YOU MAY NOT USE ANYONE ELSE’S ACCOUNT AT ANY TIME.
It is important that you keep your account verification code confidential and that you do not disclose it to any third party. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
2.2. Limitation of Liability
You agree that you are solely responsible for the activity that occurs under your account. We shall not be liable for any loss, damage, or other security incidents that may occur from your failure to comply with any of the provisions of these Terms.
We reserve the right to disable your user account at any time, if you have failed to comply with these Terms, or if activities occur on your account which, in our sole discretion, would or might cause damage to or impair the Services or infringe on or violate any third party rights, or violate any applicable laws or regulations.
2.3. Termination of Account
If you no longer want to use our Services, and would like your account deleted, you can delete your account on the setting page of our App.
ONCE YOU CHOOSE TO DELETE YOUR ACCOUNT, YOU WILL NOT BE ABLE TO REACTIVATE YOUR ACCOUNT. NOTWITHSTANDING THE TERMINATION OF YOUR ACCOUNT, WE RETAIN THE RIGHT TO GRANT ACCESS TO THE CHARACTERS AND STORIESY YOU HAVE UPLOADED TO USERS WHO HAVE PREVIOUSLY PAID FOR SUCH ACCESS.
3. Conditions of Use
3.1. User Conduct
You are solely responsible for all code, video, audio, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials that you upload, post, publish or display or email or otherwise use via the Services. The following are examples of the kind of content and/or use that are illegal or prohibited by us. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including, without limitation, removing the offending content from the Services, suspending or terminating the account of such violators and reporting you to the law enforcement authorities.
YOU UNDERSTAND AND HEREBY ACKNOWLEDGE AND AGREE TO THE FOLLOWING TERMS REGARDING PROHIBITED CONDUCT AND USES:
a. You will NOT Submit, transmit, email or otherwise upload any content that
(i) infringes any intellectual property or other proprietary rights of any party;
(ii) you have no rights to upload under any law;
(iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(iv) poses or creates a privacy or security risk to any person;
(v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail", "spam", "chain letters", "pyramid schemes", "contests", "sweepstakes" or any other form of solicitation;
(vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful racially, ethnically or otherwise objectionable; or
(vii) in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Loomi or its users to any harm or liability of any type;
b. You will NOT interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services;
c. You will NOT violate any applicable local, state, national, or international law, or any regulations;
d. You will NOT impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Loomi accounts of other users;
e. You will NOT violate the privacy or other rights of other users of Loomi, or collect, attempt to collect, store, or disclose without permission the location or personal information about other users;
f. You will NOT make unsolicited offers, advertisements, proposals, or send junk mail to other users of Loomi, including unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures, surveying or requests to participate in surveys or studies;
g. You will NOT use Loomi for any commercial or non-private use, such as the sale or advertisement of goods or services, attempts to conduct surveys through Loomi, solicitation for services, or providing links to other websites or premium line telephone numbers; and you will use Loomi for personal, non-commercial use only in the manner and for the purposes that we intend;
h. You will NOT further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
i. You will NOT remove, circumvent, disable, damage or otherwise interfere with security-related features of Loomi, features that prevent or restrict use or copying of any content accessible through Loomi, or features that enforce limitations on use of Loomi;
j. You will NOT attempt to gain unauthorized access to Loomi, or any part of it, other accounts, computer systems or networks connected to Loomi, or any part of it, through hacking, password mining or any other means, or interfere or attempt to interfere with the proper working of Loomi or any activities conducted on Loomi; or
k. You will NOT probe, scan, or test the vulnerability of Loomi or any system or network; use any robot, spider, scraper or other automated means to access Loomi for any purpose without our express written permission; bypass our robot exclusion headers or other measures that we may use to prevent or restrict access to Loomi; modify Loomi in any manner or form; use or develop any application or other product that interacts with Loomi or provides access to other users’ content or information without our written permission; or use modified versions of Loomi, including for the purpose of obtaining unauthorized access to Loomi.
3.2. Commercial Use
The Service are for personal use only. Unless otherwise expressly authorized herein or in the Services, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or upload for any commercial purposes, any portion of the Services, use of the Services, or access to the Services.
3.3. Use by Minors
Loomi is intended ONLY for legal adults.NO PERSONS UNDER THE AGE OF 18 (OR THE AGE OF MAJORITY IN YOUR JURISDICTION) MAY ATTEMPT, DIRECTLY OR INDIRECTLY, TO VIEW, DOWNLOAD, POSSESS, OR OTHERWISE USE LOOMI.
We do not knowingly collect personally identifiable information from minors. In the event we discover that a minor has provided us with personal information, we will immediately delete it. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us so that we can take the necessary actions.
4. Purchases and Automatically Renewing Subscriptions
4.1. Fees for Services Access and Use
You may be required to pay fees to us to access or use the Services or certain features of the Services. IF YOU PURCHASE A SUBSCRIPTION, IT WILL AUTOMATICALLY RENEW AND YOU WILL BE CHARGED UNTIL YOU CANCEL IT.
You acknowledge and agree that any fees for access to or use of the Services may vary based on a number of factors. Additional fees may apply for additional services or features of the Services that we may make available. In those cases, we will provide you with notice before charging the additional fees.
We frequently offer promotional rates, which can vary based on region, length of subscription, bundle size, past purchases, account activity and more. If you do not timely cancel your subscription, your subscription will be renewed at the full price as indicated when the purchase was made, without any additional action by you, and you authorize us to charge your payment method for these amounts.
To the extent permissible by law, we reserve the right, including without prior notice, to limit the available quantity of or discontinue making available any product, feature, service or other offering; to impose conditions on the honoring of any coupon, discount, offer or other promotion; to bar any user from making any transaction; and to refuse to provide any user with any product, service or other offering.
4.2 Virtual Items
You may purchase virtual items, such as Loomi Coins ("Virtual Item(s)"), to obtain a limited, personal, non-transferable, non-sublicensable, revocable license to use or access special limited-use features in the Services.
Virtual Items represent a limited license right governed by these Terms, and, except as otherwise prohibited by applicable law, no title or ownership in or to Virtual Items is being transferred or assigned to you. These Terms should not be construed as a sale of any rights in Virtual Items.
Any Virtual Item balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license. Virtual Items do not incur fees for non-use; however, the license granted to you in Virtual Items will terminate in accordance with these Terms, on the earlier of when we cease providing the Services, or your account is otherwise closed or terminated.
We reserve the right to charge fees for the right to access or use Virtual Items and/or may distribute Virtual Items with or without charge in our sole discretion. We may manage, regulate, control, modify, or eliminate Virtual Items at any time, including taking actions that may impact the perceived value or purchase price, if applicable, of any Virtual Items. We shall have no liability to you or any third party in the event that we exercise any such rights.
You may only purchase Virtual Items from us or our authorized partners through our Services. The transfer of Virtual Items is prohibited, and you shall not sell, redeem, or otherwise transfer Virtual Items to any person or entity. Virtual Items may only be redeemed through our Services.
ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICES ARE FINAL AND NON-REFUNDABLE. YOU ACKNOWLEDGE THAT WE ARE NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
4.3. Purchases and External Service Accounts
When making a purchase within the Services, you agree to pay through external services, such as with your Apple ID or Google Play account ("External Service Account"). Your External Service Account will be charged for the purchase according to the rules disclosed to you at the time of purchase and the general terms applicable to your External Service Account. Please note that some External Services may charge you sales tax, depending on where you live, which may change from time to time.
IF YOUR EXTERNAL SERVICE PURCHASE INCLUDES AN AUTOMATICALLY RENEWING SUBSCRIPTION, YOUR EXTERNAL SERVICE ACCOUNT WILL CONTINUE TO BE PERIODICALLY CHARGED FOR THE SUBSCRIPTION UNTIL YOU CANCEL IT. AFTER YOUR INITIAL SUBSCRIPTION COMMITMENT PERIOD, AND AGAIN AFTER ANY SUBSEQUENT SUBSCRIPTION PERIOD, THE SUBSCRIPTION WILL AUTOMATICALLY CONTINUE FOR THE PRICE AND TIME PERIOD YOU AGREED TO WHEN SUBSCRIBING.
If you do not want your subscription to renew automatically, or if you want to change or terminate your subscription, you must log in to your External Service Account and follow instructions to manage or cancel your subscription, even if you have otherwise deleted your Loomi account with us or if you have deleted the App from your device. For example, if you subscribed using your Apple ID, cancellation is handled by Apple, not YOSOCIAL. Similarly, if you subscribed on Google Play, cancellation is handled by Google. If you cancel a subscription, you may continue to use the canceled service until the end of your then-current subscription term. The subscription will not be renewed when your then-current term expires.
You acknowledge and agree that we will not be liable for any errors caused by your External Service Account.
4.4. Refunds
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, ALL PURCHASES ARE NON-REFUNDABLE, AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
For subscribers residing in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin:
You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use the Services) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability.
If any of the above apply to you and you subscribed using your External Service Account, your refund requests are handled by Apple or Google Play, not YOSOCIAL. To request a refund, please contact Apple or Google Play directly. For any other purchase, please contact us by email with your order number, including a statement that you, the buyer, are canceling the purchase. Please also include the email address or telephone number associated with your account.
5. Intellectual Property Rights
5.1. Service Content, Software, and Trademarks
You acknowledge and agree that the Services may contain content or features ("Service Content") that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by us, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Services or the Service Content, in whole or in part, except that the foregoing does not apply to your own Input (as defined below) that you legally upload to the Services.
In connection with your use of the Services, you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by us from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e. g., by masking your IP address). Any use of the Services or the Service Content other than as specifically authorized herein is strictly prohibited.
The technology and software underlying the Services or distributed in connection therewith (the "Software") are the property of us, our affiliates and our partners. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by us.
5.2. Third Party Material
Under no circumstances will we be liable in any way for any content or materials of any third parties (including users), including but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of such content. You acknowledge that we do not pre-screen content, but we and our designees will have the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the Services. Without limiting the foregoing, we and our designees will have the right to remove any content that violates these Terms or is deemed by us, in our sole discretion, to be objectionable. You agree that you must evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
5.3. User Content Transmitted Through the Services
5.3.1. Ownership and Warranties
During your use of the Services, you may submit prompts, text, story lines, audios or other information, content or materials (as applicable and as supported by the Services) ("Input") to the Services, and receive response, generate interactive video or content in the form permitted by the Services or other output based on or in response to your Input ("Output"). You retain the ownership of the Input and Output, including intellectual property rights and other proprietary rights.
We will use your Input and Output to provide, maintain, operate, develop or improve the Services or the underlying technologies supporting the Services. By using Loomi, you hereby grant to YOSOCIAL and its affiliated companies (collectively, "YOSOCIAL Parties"), to the extent permitted by applicable laws, an unconditional, irrevocable, non-exclusive, royalty-free, sub-licensable, transferable, perpetual and worldwide license, to reproduce, use, modify, translate, distribute, display, publicly display, cache, store, prepare derivative work of, derive revenue or other remuneration from or otherwise use your Input and Output in any form, media and technology now existing or hereafter devised in connection with the provision and operation of the Services or YOSOCIAL Parties’ respective operation of their businesses, including without limitation improving, enhancing, improving the Services and our technology, as well as promoting, advertising or marketing the Services. For the avoidance of doubt, the rights are granted on a "royalty-free" basis meaning that you are granting to YOSOCIAL Parties the right without the obligation to pay royalties, fees or other payments to you or to any third party, to the extent permitted by applicable laws.
You represent and warrant that you own or have necessary license, authorization or clearance to submit your Input to the Services, and to grant to YOSOCIAL Parties the right in accordance with these Terms. You shall be responsible for ensuring that your Input is non-infringing and complies with applicable laws and regulations as well as these Terms. You remain responsible for the legality of the Output and the use thereof. You shall indemnify, defend and hold harmless YOSOCIAL Parties against any claims arising from or in connection with your Input and the Output.
By submitting Input to the Services, you waive any and all rights of privacy, publicity, moral rights or any other rights of a similar nature in connection with your Input and Output, or any portion thereof, and you agree not to assert, support, maintain or permit any action based on any such right that you may have in or with respect to any Input you submit to or through the Services or the Output, to the extent permitted by the applicable law.
You shall not submit confidential information or personal data as Input to the Services. You acknowledge that the Output will be viewed and accessed by other users of Loomi or the general public and no Output will be confidential. You expressly acknowledge and agree that we don’t have any confidential obligations or personal data towards any of your Input. We may disclose your Input for complying with applicable laws and regulations, enforcing these Terms, preventing fraud, fixing security or technical issues or in other circumstances we deem necessary as per the applicable law.
5.3.2. Similarity of Content
The output generated by the Services may resemble outputs for other users. Such outputs are not considered your exclusive content.
5.3.3. Accuracy of Output
Given the nature of machine learning and artificial intelligence, Output generated on Loomi may be incorrect, misleading, fake or false or even made up. The Output is provided for general information and reference purposes only. The Output is not intended to amount to information or advice on which you should rely. You should evaluate the accuracy of any Output as appropriate for your use case. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Output. We make no representations, warranties, guarantees or conditions that any Output is authentic, accurate, verifiable, reliable, complete or up-to-date and disclaim any and all representations, warranties, guarantees and conditions of any nature for the Output, expressly or implied.
5.4. Intellectual Property Infringement
We respect the intellectual property of others, and we ask our users to do the same. If you believe that your intellectual property rights have been infringed, you should notify us of your infringement claim in accordance with the procedure set forth below.
We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to us at [feedback@ailoomi.com] (Subject line: "DMCA Takedown Request"). To be effective, the notification must be in writing and contain the following information:
a. Electronic or Physical Signature: An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. Proof of Copyright Ownership: A description of the copyrighted work or other intellectual property that you claim has been infringed, accompanied by proof of copyright ownership such as a copy of the copyrighted work itself or a copy of the registration form for said work.
c. Infringing Material: A description of where the material that you claim is infringing is located on the Services, with enough detail that we may find it on the Services;
d. Contact Details: Your address, telephone number, and email address;
e. Good Faith Statement: A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
f. Accuracy Affidavit: A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users who are deemed to be repeat infringers. We may also at our sole discretion limit access to the Services, whether or not there is any repeat infringement.
You acknowledge and agree that if we find any infringement of your Input or Output, we shall have the right to take legal measures to defend against the suspected third party on your behalf against the suspected infringing party. The rights maintenance costs and benefits, if any, shall be otherwise shared and distributed by you and us through consultation.
5.5. Monitoring and Enforcement
You acknowledge that we have no obligation to pre-screen, monitor, review any Input or Output, unless the applicable law requires otherwise.
We may, but are not obligated to (a) remove or refuse to post any of your Content that we deem necessary or appropriate in our sole discretion, including if we believe that such Content violates these Terms, infringes any intellectual property right or other right of any person or entity, or could create liability for us; (b) take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services; and/or (c) terminate or suspend your access to all or part of the Services for any reason or no reason, including any violation of these Terms.
PLEASE NOTE THAT THE SUCCESSFUL UPLOADING OF CONTENT DOES NOT CONSTITUTE AN ENDORSEMENT BY US OF THE LEGALITY OR APPROPRIATENESS OF SAID CONTENT.
6. Third Party Websites
The Services may provide links or other access to other sites and resources on the Internet. We have no control over such sites and resources and we are not responsible for and do not endorse such sites and resources. You further acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Services are between you and the third party, and you agree that we are not liable for any loss or claim that you may have against any such third party.
7. Disclaimer of Warranties
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WE MAKE NO WARRANTY, REPRESENTATION OR CONDITION TO YOU WITH RESPECT TO THEM, WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED TERMS AS TO SATISFACTORY QUALITY, FITNESS FOR PURPOSE OR CONFORMANCE WITH DESCRIPTION.
WE MAKE NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) ANY OUTPUT OR OTHER INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE, UP-TO-DATE, RELIABLE, NON-INFRINGING OR SECURE, OR (IV) DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SERVICES WILL BE CORRECTED.
8. Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, THE TOTAL AGGREGATE LIABILITY OF US FOR ALL CLAIMS IN CONNECTION WITH THESE TERMS, OR LOOMI, ARISING OUT OF ANY CIRCUMSTANCES, WILL BE LIMITED TO THE GREATER OF THE FOLLOWING AMOUNTS: (i)THE AMOUNT THAT YOU HAVE PAID TO US FOR YOUR USE OF THE SERVICES TO WHICH THE CLAIM RELATES IN THE 6 MONTHS IMMEDIATELY PRECEDING THE DATE OF THE MOST RECENT CLAIM; AND (II)100 US DOLLARS.
TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, IN NO EVENT WILL WE BE LIABLE FOR ANY OF THE FOLLOWING:
a. IN CONNECTION WITH THESE TERMS OR LOOMI, FOR ANY DAMAGES OR LOSSES CAUSED BY: (I) ANY NATURAL DISASTER SUCH AS FLOODS, EARTHQUAKES, PANDEMICS OR EPIDEMICS; (II)ANY SOCIAL EVENT SUCH AS WARS, RIOTS OR GOVERNMENT ACTIONS; (III)ANY COMPUTER VIRUS, TROJAN HORSE OR OTHER DAMAGE CAUSED BY MALWARE OR HACKERS; (IV)ANY MALFUNCTION OR FAILURE OF OUR OR YOUR SOFTWARE, SYSTEM, HARDWARE OR CONNECTIVITY; (V)IMPROPER OR UNAUTHORISED USE OF LOOMI; (VI)YOUR USE OF LOOMI IN BREACH OF THESE TERMS; (VII)ANY REASONS BEYOND OUR REASONABLE CONTROL OR PREDICTABILITY; OR (VIII)FAILURE TO SAVE OR BACK UP ANY DATA OR OTHER CONTENT;
b. ANY LOSS ARISING FROM ANY CONTENT, PROGRAMS OR SERVICES PROVIDED BY ANY PARTY OTHER THAN US;
c. ANY LOSS OR DAMAGE WHICH ARE NOT FORESEEABLE, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES. FOR THE PURPOSES OF THIS CLAUSE, LOSS OR DAMAGE IS FORESEEABLE IF EITHER IT IS OBVIOUS THAT IT WILL HAPPEN OR IF, AT THE TIME THE CONTRACT WAS MADE, BOTH WE AND YOU KNEW IT MIGHT HAPPEN; AND/OR;
d. ANY: (I)LOSS OF USE; (II)LOSS OR INTERRUPTION OF BUSINESS; (III)LOSS OF REVENUES; (IV)LOSS OF PROFITS; (V)LOSS OF GOODWILL; (VI)LOSS OR DESTRUCTION OF CONTENT OR DATA.
Notwithstanding any other provisions of these Terms, nothing in these Terms limits or excludes any of your statutory rights in your jurisdiction (including any rights under applicable consumer protection regulation), to the extent such statutory rights may not be excluded or waived under applicable laws and regulations. If you are dissatisfied with any portion of the Services or with these Terms, your sole and exclusive remedy is to discontinue use of the Services.
9. Indemnification and Equitable Relief
9.1 Indemnification
You agree, to the fullest extent permitted under applicable law, to indemnify, defend, and hold us harmless from any and all claims, demands, suits, actions, losses, costs, damages, and any other liabilities, including attorneys’ fees or any right of contribution, indemnification, subrogation, or any similar right, brought by a third party arising out of or in any way related to:
a. Your access to, use of, or misuse of Loomi (including your use or misuse of any location data);
b. Your Input and Output;
c. Your interactions with other user on Loomi or off of Loomi (including any violation by you of the rights of any other person or entity);
d. Your breach of these Terms or any other policies governing Loomi; or
e. Any third-party site, products, services, and links included on or accessed through Loomi.
9.2 Equitable Relief
You acknowledge that your violation of these Terms may cause irreparable harm to us. Therefore, we shall have the right to seek injunctive or other equitable relief against you in addition to any other legal remedies available. You waive any requirement that we post a bond or other security in connection with such relief.
10. Governing Law and Dispute Resolution
10.1. Governing Law
Except to the extent that the applicable laws and regulations of your jurisdiction mandate otherwise, these Terms and any dispute or claim arising out of or in connection with these Terms will be governed by the law of Hong Kong.
10.2. Arbitration
Please read this section carefully because it affects your rights. By agreeing to binding arbitration, you waive your right to litigate disputes through a court and to have a judge or jury decide your case.
Except to the extent that the applicable laws and regulations of your jurisdiction mandate otherwise, any dispute, controversy or claim (whether in contract, tort or otherwise) arising out of, relating to, or in connection with these Terms, including their existence, validity, interpretation, performance, breach or termination, will be referred to and finally resolved by arbitration administered by Hong Kong International Arbitration Centre under the Arbitration Rules of Hong Kong International Arbitration Centre in force when the Notice of Arbitration is submitted. The seat of the arbitration will be Hong Kong. There will be one arbitrator only.
You understand and agree that you and us are hereby waiving the right to a trial by jury and the right to join and participate in a class action, to the fullest extent permitted under the law.
If you are an individual consumer, you can opt out of arbitration within 30 days of the date that you first agreed to these Terms (including any earlier version). If you are an individual consumer and have previously agreed to arbitration, then you may opt out of any future revisions to the arbitration provision within 30 days of receiving notice of the updated arbitration provision, in which case the prior version of the arbitration provision will apply. To opt out of arbitration (or revisions to this arbitration provision), you must send your name, residence address, username, email or phone number you use for your Services account, and a clear statement that you want to opt out of this arbitration agreement (or of the revisions to it), and you must send them here: [feedback@ailoomi.com].
In the event of a Dispute, you must give the other a written statement that sets forth the name, address, and contact information, the facts giving rise to the Dispute, and a proposed solution (a "Notice of Dispute"). You must send the Notice of Dispute to us at 120 ROBINSON ROAD, #13-01, SINGAPORE , 068913 and also via email [feedback@ailoomi.com].You and YOSOCIAL will attempt to resolve any Dispute through informal negotiation within 45 days from the date the Notice of Dispute is sent. After 45 days, you or YOSOCIAL may commence arbitration.
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
11. User Disputes
You agree that you are solely responsible for your interactions with any other user in connection with the Service and Loomi will have no liability or responsibility with respect there to. Loomi reserves the right but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
12. Changes to Terms of Use
We may update our Terms of Use from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms and Conditions on this page.
13. Your Privacy
At Loomi, we respect the privacy of our users. For details please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.
14. Miscellaneous
14.1. Relationship of the Parties
These Terms do not create a partnership, joint venture or agency relationship between you and us or any of our affiliates. YOSOCIAL and you are independent contractors and neither party will have the power to bind the other or to incur obligations on the other's behalf without the other party's prior written consent.
14.2. Entire Agreement
These Terms constitute the entire agreement between you and us and govern your use of the Services, superseding any prior agreements between you and us with respect to the Services.
14.3. Severance
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
14.4. Assignment and Delegation
You may not assign or delegate any rights or obligations under these Terms, including in connection with a change of control. Any purported assignment and delegation shall be null and void. We may assign these Terms in connection with a merger, acquisition or sale of all or substantially all of our assets, or to any affiliate or as part of a corporate reorganization.
Contact Us
If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us at [feedback@ailoomi.com].