Terms of Service

Last updated: December 13, 2024

These Terms of Use ("Terms" or "Agreement") constitute a legally binding agreement between Navimit Digital d.o.o (hereinafter: "We," "Us") and You. By accessing or using our services and products, you agree to adhere to and be bound by these Terms. You must understand your obligations and the limitations of the services provided. These Terms govern all use of our services and products offered to You on the condition of your acceptance, without modification, of all terms and conditions contained herein, along with any additional operating rules, policies, or procedures published by Us.

Article 1. Binding Effect

By accepting these Terms, You are entering into a binding agreement. If You are accepting these Terms on behalf of an employer or another individual, you warrant that you have the necessary authority and consent to act on their behalf.

Article 2. Service and Service Description

The Service allows Customers to access and use our services as described during the online registration process.

The Service includes various elements, including but not limited to the website located at www.loopic.io (the "Website"), a web application (the "Web App"), and any related products and services collectively referred to as the "Services."

By submitting any questions, comments, suggestions, or feedback about the Services ("Submissions"), You agree to transfer all intellectual property rights in such Submissions to Us.

We are entitled to unrestricted use and dissemination of submissions for any lawful purpose without compensation to You.

You are responsible for the content you post or upload. You agree not to transmit any illegal content, harassing, defamatory, obscene, abusive, discriminatory, threatening, sexually explicit, false, misleading, or otherwise harmful. You warrant that your Submissions are either original or that you have the necessary rights and licenses to submit them.

You are responsible for any consequences arising from your Submissions and agree to indemnify Us for any related losses.

Article 3. Account, Password, and Security

You must provide accurate and complete information to use our services. Failure to do so may result in suspension or termination of the service. You must notify Us of any changes to your information.

We will provide You with a customer ID and may request authentication credentials.

We may change, cancel, or suspend your account as needed.

You:

a. Must keep your credentials confidential.

b. Must not attempt to circumvent our authentication systems.

c. Must notify Us of any unauthorized use of your account.

d. Are responsible for all activities and payments associated with your account.

e. Are liable for any damages resulting from unauthorized use of your credentials.

f. Are responsible for the security of your account and must implement recommended security measures.

g. Must cooperate with Us in resolving unauthorized use of your account.

h. Should contact Us immediately at support@loopic.io for any security concerns.

Article 4. Availability and Interruption of the Service

We will use reasonable skill and care to make the Services available. However, availability may be affected by factors beyond our control, such as network issues, physical obstructions, or atmospheric conditions.

We cannot guarantee the uninterrupted availability of the Services or that they will be free from faults. We are not liable for failing to provide the Services due to technical issues or other events beyond our control. We provide all services "as is" and "as available," without warranties.

We may alter or improve the Services at our discretion, provided such changes do not materially affect the nature or functionality of the Services.

We reserve the right to interrupt the service for maintenance, updates, or other changes, with appropriate notification.

We may suspend or discontinue the service within the legal limits. If discontinued, we will assist you in withdrawing personal data and respect your rights regarding continued product use and compensation under applicable law.

Routine or emergency maintenance may require suspension of Services, and We will provide reasonable notice where possible.

Article 5. Rules of Use

You agree not to:

a. Use the Services for improper, fraudulent, or illegal purposes.

b. Transmit defamatory, offensive, or abusive material.

c. Infringe on third-party intellectual property rights.

d. Harm or damage any person or property through the Services.

You will:

a. Follow instructions related to the Services.

b. Comply with all applicable laws and regulations.

c. Avoid actions that could bring Us or the Services into disrepute.

You must provide the requested information about your use of the Services.

Article 6. Marketing

Each party grants the other the right to use and display its name and logo ("Trademarks") for promotional purposes related to the services under this Agreement.

Use of Trademarks must comply with the proprietor Party's guidelines.

Neither Party shall use the other Party’s Trademarks in a manner that damages the other Party’s goodwill. Misuse or false representation is prohibited.

Trademark rights and usage terminate upon termination of this Agreement

Article 7. Confidentiality and Data Protection

You agree to keep confidential all information acquired through our Services, except where disclosure is required by law. Compliance with applicable laws and our Terms is mandatory.

You guarantee that you have obtained all necessary consents under data protection laws (e.g., the EU General Data Protection Regulation) for the processing of personal data by Navimit Digital d.o.o.

Article 8. Intellectual Property Rights

Without prejudice to any more specific provisions in these terms, all intellectual property rights associated with our application, including copyrights, trademark rights, patent rights, and design rights, are exclusively owned by Us. These rights are protected by applicable laws and international treaties concerning intellectual property.

All trademarks, whether nominal or figurative, and any other marks, trade names, service marks, word marks, illustrations, images, or logos associated with our application, remain the exclusive property of Us. These are also protected by applicable laws and international treaties related to intellectual property.

The source code, design, and structure of the Software are trade secrets. You will not disassemble, decompile, or reverse engineer it, in whole or in part, except to the extent expressly permitted by law, or distribute it. You will not use the Software for illegal purposes. You will comply with all export laws. The Software is licensed, not sold.

Content from our website may not be used for commercial purposes without our prior written consent.

Article 9. Software License

Any intellectual or industrial property rights and other exclusive rights on software or technical features related to our application are owned by Us.

Provided you comply with these terms, we grant you a personal, revocable, non-exclusive, non-sublicensable, and non-transferable license to use the software and other technical features for its intended purposes.

This license does not give you any rights to access, use, or share the original source code. All techniques, algorithms, and procedures in the software and related documentation are the sole property of Us.

All rights and licenses granted to you will immediately end if the agreement is terminated or expires.

Under this license, you can use and run the software as long as your devices are common and up-to-date with current technology and market standards.

We reserve the right to release updates and improvements to our software. Actions may be required from you to keep using them.

However, to get access to completely new versions or releases of the software you may need to purchase a separate license. You will be notified of such changes.

The software license will be available for the duration of the subscription, subject to the conditions of the agreement including, without limitation, any required updates. It is understood that the possible occurrence of errors and occasional technical faults is inherent to the nature of software. To the extent required under applicable law and/or the agreement, we commit to resolving possible defects and/or faults impairing the software’s functionality during the validity period, unless these result from any improper or irregular use of the software, including (without limitation) your failure to implement any required updates.

Users must authenticate themselves to utilize the Service with their designated license. Sharing user accounts is strictly prohibited.

We reserve the right to restrict or revoke licenses that, in our sole discretion, are found to violate these Terms. We may request additional information if suspicious activities are detected.

Article 10. Service Reselling

You may not reproduce, duplicate, copy, sell, or exploit any part of our application without our express written permission, granted either directly or through a legitimate reselling programme.

Article 11. Purchases and Payment

Payment grants you a license to use the Services as described in this Agreement. Sales tax may be added to the purchase price, and prices may change. All payments must be made in Euros.

You agree to pay all charges at the current prices and authorize Us to charge your payment method. Recurring charges will be billed without additional approval until you cancel the subscription.

Article 12. Subscription

Subscriptions allow you to access the Service regularly over time.

All subscription plans are available on our site (http://loopic.io).

When subscribing, you acknowledge and accept that:

  1. Any payment due will be charged to your account.
  2. Subscriptions are automatically renewed for the same duration unless you cancel at least 24 hours before the current period expires.
  3. You authorize us to charge you all subscription fees for the duration of the term agreed to at the time of purchase.
  4. Subscriptions can be managed or canceled at any time.
  5. You can upgrade your subscription at any time in the account settings.

Article 13. Refunding

We do not offer refunds or returns for any purchases through our Services. However, provided you cancel your subscription within 7 days of purchase we may consider issuing a refund.

If you are unhappy with your purchase, please submit your feedback and we will work with you to solve your issue.

Article 14. Liability and Indemnification

We limit our liability as much as legally allowed when executing agreements with you. This means our responsibility for damages is reduced to the maximum extent permitted by law unless explicitly stated otherwise or agreed upon with you.

Indemnification

You agree to indemnify us and our affiliates, officers, directors, and employees from any claims or demands made by third parties due to or in connection with any culpable violation of these terms or third-party rights related to your use of the service to the extent allowed by law.

By using and accessing the service, you agree to defend, indemnify, and hold us, our subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees harmless from any claims, damages, losses, liabilities, costs, or expenses, including legal fees, arising from:

  • your use of the service, including any data or content you transmit or receive;
  • your violation of these terms, including any breach of representations and warranties;
  • your violation of third-party rights, such as privacy or intellectual property rights;
  • your violation of statutory laws, rules, or regulations;
  • any content submitted from your account, including third-party access using username, password, or other security measures, including misleading, false, or inaccurate information;
  • your intentional misconduct; or
  • any statutory provision by you or your affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees to the extent permitted by law.

Limitation of liability

Unless explicitly stated otherwise and subject to applicable law, you cannot claim damages against us (or any individual or entity acting on our behalf).

To the maximum extent permitted by applicable law, in no event shall we, along with our subsidiaries, affiliates, officers, directors, agents, partners, suppliers, or employees, be liable for:

  • any indirect, punitive, incidental, special, consequential, or exemplary damages arising from or related to your use of, or inability to use, the service. This includes damages for loss of profits, goodwill, use, data, or other intangible losses;
  • any damage, loss, or injury resulting from hacking, tampering, or unauthorized access to your account or the information within it;
  • errors, mistakes, or inaccuracies in the content provided;
  • personal injury or property damage resulting from your use of the service;
  • unauthorized access to our secure servers or personal information stored therein;
  • interruption or cessation of transmission to or from the service;
  • bugs, viruses, trojan horses, or similar harmful elements transmitted through the service;
  • errors or omissions in any content posted, transmitted, or made available through the service;
  • defamatory, offensive, or illegal conduct of any user or third party. Our liability is limited to the amount you have paid us in the preceding 12 months, or the duration of your agreement with us, whichever is shorter.

This limitation of liability section will apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if you have been advised of the possibility of such damage.

Article 15. Force Majeure

Neither party will be liable for delays or failures in performance caused by events beyond reasonable control, including telecommunication failures, power shortages, acts of government, or network congestion.

Article 16. Term and Termination

Subscriptions may be terminated in the account settings or by sending us an unambiguous termination notice using the contact details provided in this document.

Immediate termination is possible for material breaches, revocation of licenses, or changes in legislation affecting commercial viability.

Upon termination:

a. You must cease using the Services.

b. All licenses and rights granted under these Terms will terminate.

Article 17. Changes to the Terms

We reserve the right to modify these terms at any time, informing you of any changes.

Such changes will only affect the relationship with you from the date communicated onwards.

Your continued use of the service will signify your acceptance of the revised terms. If you do not wish to be bound by the changes, you must stop using the service and terminate the agreement.

The applicable previous version will govern the relationship prior to your acceptance. You can obtain any previous version from us.

If legally required, we will notify you in advance of when the modified terms will take effect.

Article 18. Assignment of Contract

We reserve the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these terms, considering your legitimate interests. Provisions about changes to these terms will apply accordingly.

You cannot assign or transfer your rights or obligations under these terms without our written permission

Article 19. Dispute Resolution

Disputes shall first be resolved through good-faith negotiations. If unresolved, mediation will be pursued.

Article 20. Governing Law

These Terms are governed by the laws of the Republic of Croatia.

Article 21. Venue of Jurisdiction

The jurisdiction over any controversy related to these terms lies with the courts of Split, where we are based, as outlined in the relevant section of this document.

Article 22. No Waiver

Our failure to assert any right or provision under these terms does not waive that right or provision. No waiver will constitute a continuing waiver of such term or any other term.

Article 23. Severability

If any provision of this Agreement is deemed invalid or unenforceable, the remaining provisions will continue in full force and effect.

Article 24. Privacy Policy

For information on the use of personal data, you can refer to our privacy policy.

Article 25. Contact

All communications regarding the use of our Service must be sent to our email address support@loopic.io.

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