Terms of Service

I. GENERAL

  • Website Ownership

    This website and the services provided thereon are owned and operated by Lootly Inc. (hereinafter referred to as “company” or “our” or “us” or “we” or “Lootly”), and your use of our website is subject to the following Terms of Use (hereinafter referred to as “Terms”), which may be updated by us at any time with or without notice to you.
    These terms of use constitute a contract or agreement between you, the user, and Lootly.

  • Agreement by Use

    By using our website, you are agreeing to be bound by and accept the following Terms. Acceptance of the Terms is absolute and applies to you as a user, regardless of the number of accounts that you create. You, as a user, are solely responsible for all accounts belonging to you and you promise adherence to these Terms of Service by any and all accounts belonging to you.
    You must read and agree to the Terms in order to use our website and/or services.
    If you do not agree with the Terms, you may not use our services.
    Violation of any of the terms below may result in the immediate termination of your Account without further warning.

II. INTELLECTUAL PROPERTY

The contents of our website are our copyrighted property and/or the copyrighted property of our licensors or licensees.
All trademarks, service marks, trade names, trade dress and other intellectual property rights contained in our services are owned by us and/or our licensors or licensees.
Unless specifically agreed to in writing, no element of our website may be used or exploited in any way other than as part of the specific services offered to you.
Our company retains full and complete ownership of the content on our services, and we do not transfer title to any portion of our intellectual property to you.

III. USER REQUIREMENTS

  • Age

    You must be at least 13 years old to create an account on or otherwise use our services.

  • No Bots Permitted

    You must be a human or registered business entity in order to use our services. No bot use is permitted.

  • Information Provided

    You must provide all of the required information to sign up for an account on our services.

  • Login Restrictions
    • Login Information Security

      You are solely responsible for maintaining the confidentiality of your login information, and you agree not to share or otherwise make public your login information.
      You must properly exit out of your account when you are finished with each session.
      You must notify us immediately upon discovery of a breach of security and/or confidentiality of your login information.

    • Responsibility

      You are solely responsible for any and all activity that occurs on your account, even if the activity is generated on your account by a third party.

  • No Assignment of Accounts

    Assignment and/or transfer of accounts is strictly prohibited

  • Use for Legal Purposes Only

    You may only use our services for legal and authorized purposes.
    You must not use our services to violate any law in any jurisdiction.

IV. VIOLATION OF TERMS

Governing Law and Venue and Waiver
This agreement is governed by the law of the State of Florida.
Venue for any and all disputes that arise under this agreement is Orange County, Florida.
The failure of our company to exercise or enforce any rights contained within these Terms does not constitute a waiver of those rights.
Failure to comply with these Terms may result in immediate termination of your account.

V. COMMUNITY GUIDELINES AND SERVICES PROVIDED

  • Our Services

    Unless otherwise provided in this Agreement, Lootly services are purchased by customers and provided to the customers by Lootly as subscriptions.
    Subject to your compliance with this Agreement and your payment of any applicable fees, the Company grants you a non-transferable, non-exclusive, worldwide right to access and use the purchased Lootly products and/or services during the subscription term set out in your Subscription Agreement (incorporated by reference herein). (See subsection “V.D.” below for further details).

  • Usage and Security

    Lootly’s products and/or services may be subject to restrictions, which may be specified in the Subscription Agreement (incorporated by reference herein).
    By using Lootly’s products and/or services, you agree to use Lootly’s products and/or services within the usage limits set out in the Subscription Agreement.
    It is your responsibility to ensure that you do not exceed those limits and/or restrictions.
    Lootly has the exclusive right, but not the obligation, to monitor and/or remotely audit your use of any product and/or service provided to you by Lootly.
    Lootly may, at its sole discretion and without further notice to you, apply extra charges to you and/or your account if you exceed any usage limits at Lootly’s then-current usage fees.
    Please refer to Lootly’s Privacy Policy (incorporated by reference herein) for additional details regarding information usage and security.

  • Third Parties

    You acknowledge and understand that our company may use third party vendors to service and/or maintain our services.

  • Subscription Service

    Unless otherwise provided in writing by us, services must be purchased by you as a subscription.
    You have a non-exclusive right to use our services so long as you comply with the Terms.
    The subscription agreement is attached hereto and incorporated by reference herein.
    All services are provided on an “as is” and “as available” basis.
    Our company makes no warranties, express or implied, regarding our services, nor does our company make any warranty or guarantee that our services will meet any user’s requirements and/or expectations.

  • Content Services

    Lootly provides online tools and materials to assist you with the preparation, execution and/o storage of your own loyalty program(s) and/or related information, and we may (if provided for in the Subscription Agreement) provide advice regarding the design, strategy and use of such programs and information.
    Please note that the documents and other materials available through the Services and any advice provided, (collectively, the "Service Materials") are for informational and/or educational purposes only, and they are not guaranteed to be correct, complete or up-to-date.
    All final decisions about the design, strategy and use of any program will be yours.
    You understand that Lootly providing products and/or services to you does not constitute any guarantee of a particular outcome or otherwise make us responsible in any way for the success or failure of any program you undertake in connection with Lootly’s products and/or services.

VI. CHANGES TO TERMS

Our company may change or alter these Terms at any time without notice.

VII. PAYMENTS AND TERM

  • Fees

    You agree to pay all fees associated with your subscription as set forth in the subscription agreement attached hereto and incorporated by reference herein.
    All fees are non-refundable.

  • Payments

    Your payment is due upon receipt of invoice.
    Payment may be made via one or more of the following methods: Credit Card, Debit Card
    You represent and warrant that any and all payment information provided by you to us is accurate, that you are authorized to use the payment method, and that you will notify us immediately should any changes to your payment method occur.
    All payments are invoiced in USD.

  • Auto-Renewal

    You agree that your subscription will be automatically renewed each month or year (based on your subscription) unless you cancel your subscription in accordance with these Terms.
    Your subscription will be automatically renewed at the same rate as the previous month or twelve months.

  • Late Payments

    If payment is not made within seven (7) days from the date on which it was due, your account will be automatically downgraded to the Free Plan without further notice to you.

  • Content Services

    Lootly provides online tools and materials to assist you with the preparation, execution and/o storage of your own loyalty program(s) and/or related information, and we may (if provided for in the Subscription Agreement) provide advice regarding the design, strategy and use of such programs and information.
    Please note that the documents and other materials available through the Services and any advice provided, (collectively, the "Service Materials") are for informational and/or educational purposes only, and they are not guaranteed to be correct, complete or up-to-date.
    All final decisions about the design, strategy and use of any program will be yours.
    You understand that Lootly providing products and/or services to you does not constitute any guarantee of a particular outcome or otherwise make us responsible in any way for the success or failure of any program you undertake in connection with Lootly’s products and/or services.

VIII. ENTIRETY, SEVERABILITY, TERM, AND TERMINATION

  • ENTIRETY

    This agreement and the documents referenced and incorporated above constitute the entire agreement by the parties. No other statement, agreement, and/or promise made on or before the effective date of this agreement shall be binding on the parties.

  • SEVERABILITY

    In the event that any provision of this agreement is deemed invalid and/or unenforceable in whole or in part for any reason, the remainder of that provision (if applicable) and the remaining portions of the entire agreement will be severable and remain in effect and enforceable.

  • TERM

    The term of this agreement begins on the effective date of the subscription agreement attached hereto and incorporated by reference herein and extends through and including the cancellation and/or termination date of the subscription agreement unless otherwise indicated in these Terms.
    This agreement remains in effect for twelve (12) months from the effective date detailed above.
    This agreement shall continue in effect until a party terminates the agreement in accordance with this the termination provision of this agreement.

  • TERMINATION
    • How we handle the termination

      You, the Customer, can downgrade a paid plan at any time to a lesser priced plan.
      You, the Customer, must contact customer service via one of the methods indicated below if you wish to cancel a paid plan and/or downgrade to a Free Plan.
      Cancellations of a paid plan can be done via one of the two methods: Live Chat; or Email.
      Upon receipt of a cancellation request, we will verify that the user/person/entity attempting cancellation is in fact a legal representative of You and/or Your Company in an effort to prevent fraudulent adjustments to the account.

    • Effect of termination

      Upon termination of a paid account, your account will be automatically downgraded to a Free Plan.
      Upon termination of a Free Plan account, you will no longer have access to features on the previously upgraded plan.
      Upon termination of any plan (paid, Free, or otherwise), you acknowledge and agree that archived versions of the services provided to you by Lootly may include archived copies of client content, client data, and non-anonymous customer data, which may be retained by Lootly for an indefinite period of time.

IX. NOTICE TO INTERNATIONAL USERS

Lootly, and the services and/or products provided by Lootly, are controlled, operated and administered by Lootly (or its licensees) from its offices within the United States of America, and is not intended to subject Lootly to the laws or jurisdiction of any state, country and/or territory other than those of the United States of America.

Those who choose to access Lootly, and the services and/or products provided by Lootly do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. You are also subject to the usage and/or export laws of the United States of America, and are responsible for any violations of such laws and/or regulations, including but not limited to federal rules and regulations restricting exports. Additional charges such as customs, fees, taxes, and import duties are the responsibility of the purchaser. Without limiting the foregoing, Lootly may limit the availability of Lootly, and the services and/or products provided by Lootly, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion and without further notice.

If you have any questions about the Lootly Terms of Service, or if you wish to provide any feedback please contact us: support@lootly.io

Last updated: December 17, 2018