Thanks so much for dropping by to see what Loop Messenger is all about. By now you’ve probably downloaded our app (which makes you pretty cool in our books) and for that we thank you too!
Important Words and Definitions
There are few words you should know the meaning of to make the reading of this legal doc just a little bit simpler. Here they are:
“Agreement” refers to these Terms of Service
“LM” refers to Loop Messenger and our mobile, desktop, and browser applications made available to you through Apple AppStore, Google Play or other app distribution methods;
Registered User” refers to a User who has registered for an account (“Account”) via LM;
“User” refers to users of Loop Messenger;
“You” (whether capitalized or not, and including variations such at “your” etc.) refers to you, the person who is entering into this Agreement with LM.
What is Loop Messenger?
Loop Messenger is a group messaging software product available on iOS and Android mobile apps, Mac applications and computer web browsers providing a service allowing groups and individuals to communicate via text, voice and video.
Agreement to Terms
Changes to Terms or Services
LM may modify the Terms at any time at its sole discretion. When LM does so, it will advise you by posting the modified Terms here. It's important that you review the Terms whenever LM modifies them because if you continue to use the LM after LM has posted modified Terms, you are indicating to LM that you agree to be bound by the modified Terms. If you don't agree to be bound by the modified Terms, then you may no longer use LM. LM will continue to evolve over time and as such LM may change or discontinue all or any part of the LM at any time and without notice, at its sole discretion.
Who May Use Loop Messenger?
LM has a few standards that are pretty important:
You must not be in violation of any embargoes, export controls, or other laws of the United States or other countries having jurisdiction over this Agreement, LM and yourself. For example, if the Office of Foreign Assets Control prohibits conducting financial transactions with nationals, residents, or banks of your country, you must not use LM.
To make any purchases through LM you must be the minimum age required to enter into a contract in the area in which you reside, and, in any event, you must not be under 18 years of age.
To download and install the LM on any device and/or to provide any information to use, you must be at least 13 years of age.
If you want to use certain features of LM you will need to create an account ("Account"). It's important that you provide LM with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don't, LM may suspend or terminate your Account.
You are responsible for all activities that occur under your Account. You may not share your Account with anyone, and you agree that you will notify LM immediately of any unauthorized use of your Account. You are responsible for all activities that occur under your Account, whether you know about them or not.
You must provide all equipment and software necessary to connect to LM, including, but not limited to, a mobile device that is suitable to connect with and use LM. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when using LM.
Subject to your compliance with these Terms, LM grants you a limited non-exclusive, non-transferable, non-sublicenseable license to download and install a copy of LM on a mobile device or computer that you own or control and to run such copy of LM for your own personal purposes. You may not copy LM, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on LM; (ii) distribute, transfer, sublicense, lease, lend or rent LM to any third party; (iii) reverse engineer, decompile or disassemble LM; or (iv) make the functionality of LM available to multiple users through any means. LM reserves all rights in and to the LM not expressly granted to you under these Terms.
Furthermore, with respect to any app accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.
Objectionable Content Policy
LM is designed to facilitate communication between individuals and groups in a safe and respectful environment. We take the issue of objectionable content seriously and have established this Objectionable Content Policy to clearly outline what types of content are not allowed on our platform. You may not post objectionable Content on LM. The following types of content are strictly prohibited on our platform:
- Anything illegal.
- Any activity that exploits, harms, or threatens to harm children.
- Spam: Spam is unwanted or unsolicited messages, contact requests, or direct messages.
- Harassment: Any content that is intended to intimidate, humiliate, or bully individuals or groups.
- Hate speech: Any content that promotes or encourages hatred, discrimination, or violence against individuals or groups based on race, ethnicity, gender, sexual orientation, religion, or other similar characteristics.
- Inappropriate Content or material (involving, for example, nudity, bestiality, pornography, graphic violence, or criminal activity).
- Activities that are false or misleading (e.g., asking for money under false pretenses, impersonating someone else, manipulating the Services or affect rankings, or ratings.
- Infringing upon the rights of others (e.g., unauthorized sharing of copyrighted music or other copyrighted material, resale or other distribution of Bing maps, or photographs).
Reporting Objectionable Content
If you encounter objectionable content on our platform, please report it to us at [email protected] immediately. We take all reports seriously and will investigate any claims of objectionable content thoroughly.
Any activities that violates the privacy of others.
Although LM is not obligated to monitor access to or use of LM or to review or edit any of LM content, it has the right to do so to ensure compliance with LM Objectionable Content Policy, and to comply with applicable law or other legal requirements. LM reserves the right, but is not obligated, to remove or disable access to any LM content, at any time and without notice, including, but not limited to, if LM, at its sole discretion, considers any Content to be objectionable or in violation of the Objectionable Content Policy. LM has the right to investigate violations of the Objectionable Content Policy or conduct that affects LM. LM may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Defamation - Don’t Be Mean
Surprise surprise, sometimes people say defamatory or mean things on the internet. Sometimes even things they might not say in real life (dumb huh?). Fortunately for LM (and the other nice people out there), there is a United States law (Section 230 of the Communications Decency Act) that allows a defense when mean people post stuff they shouldn’t say on the LM. Although LM is not liable for any defamatory comments, the Objectionable Content Policy prohibits this behaviour so please flag any relevant content or notify us at [email protected] if you see anything you believe is defamatory or illegal. Then, if LM believes the situation warrants it, appropriate action will be taken, including the potential loss of a user’s LM Account.
Content and Content Rights
For purposes of these Terms: (i) "Content" means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through LM; and (ii) "User Content" means any Content that users provide to be made available through LM. Content includes without limitation User Content.
Content Ownership, Responsibility and Removal
LM does not claim any ownership rights to any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, LM and its licensors exclusively own all rights, title and interest in the LM App and it’s Content, including all associated intellectual property rights. You acknowledge that LM and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying LM or Content found in LM.
Rights in User Content Granted by You
By making any User Content available through LM you grant a worldwide, royalty-free, transferable license, with the right to sublicense, to use, copy, modify, create derivative works, display, perform and distribute your User Content in order to operate and provide LM Content to you and other Account holders. Basically, LM will use your User Content to run LM, but won't take your User Content and sell it to others.
You are solely responsible for all of your User Content. You represent and warrant that you own all of your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that your User Content, your use and provision of your User Content to be made available through the LM App, and any use of your User Content by LM will not infringe, misappropriate or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You, not LM, are entirely responsible for all Content that you upload, post, transmit or otherwise make available (“Make Available”) through LM, and other Users of LM, and not LM, are similarly responsible for all Content they Make Available through LM.
You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as comments or messages you make) may not be completely removed and copies of your User Content may continue to exist.
Unless expressly agreed to by LM in writing elsewhere, LM has no obligation to store any User Content that you make available in LM. LM has no responsibility or liability for the deletion or accuracy of any User Content; the failure to store, transmit or receive transmission of User Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of LM. Certain LM Services may enable you to specify the level at which such Services restrict access to Your Content. If you do not choose, LM may default to its most permissive setting. You agree that LM retains the right to create reasonable limits on the use and stage of User Content, such as limits on file size, storage space, processing capacity, and similar limits as determined by LM in its sole discretion.
Rights in Content Granted by LM
Subject to your compliance with these Terms, LM grants you a limited, non-exclusive, non-transferable, non-sublicensable license to view, copy, display and perform the Content solely in connection with your permitted use of LM.
Links to Third Party Websites or Resources
LM and LM Content may contain links to third-party websites or resources. LM provides these links only as a convenience and is not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
You understand that LM is evolving. As a result, we may require you to accept updates to LM that you have installed on your mobile device. You acknowledge and agree that we may update LM with or without notifying you.
LM may terminate your access to and use of LM, at its sole discretion, at any time and without notice to you. You may delete your Account at any time from within the application under your account section. Upon any termination, discontinuation or cancellation of Services or your Account, the following provisions will survive: Feedback; Content Ownership, Responsibility and Removal; Warranty Disclaimers; Limitation of Liability; General Terms; and this sentence of Termination.
“Loop Messenger” is a common law trademark used by us to uniquely identify LM, Service and business. You agree not to use this mark anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our Services or their design, without our prior written consent. You agree that this goes beyond the governing law on intellectual property law, and includes prohibitions on any activity that violates the provisions of this paragraph, including starting your own app that competes with LM. You may of course put official LM stickers everywhere and anywhere you want!
The Services and Content are provided "As is," without warranty of any kind. Without limiting the foregoing, LM explicitly disclaims any warranties or merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage or trade. LM makes no warranty that LM will meet your requirements or be available on an uninterrupted, secure, or error-free basis. LM makes no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
Limitation of Liability
Neither LM nor any other party involved in creating, producing, or delivering the LM or LM Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or goodwill, service interruption, computer damage or system failure or the cost of substitute services arising out of or in connection with these terms or from the use of or inability to use LM or the LM Content, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not LM has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
In no event will LM total liability arising out of or in connection with these terms or from the use or inability to use LM or the LM Content exceed the amounts you have paid to LM for use of LM or one hundred dollars ($100), if you have not had any payment obligations to LM, as applicable.
The exclusions and limitations of damages set forth above are fundamental elements or the basis of the bargain between LM and you.
These Terms constitute the entire and exclusive understanding and agreement between LM and you regarding the LM App usage and the LM App’s Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between LM and you regarding Usage and Content. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without LM prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. LM may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. Any notices or other communications provided by LM under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to LM. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. LM failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of LM. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
LM would rather you didn’t talk behind it’s back and instead come straight out and share any gripes. LM’s sole purpose is to create the simplest and most intuitive group messaging experience so any comments and suggestions for improvements to LM ("Feedback") are always appreciated. You can submit Feedback by emailing LM at [email protected]. With any feedback provided you grant LM the right to use it - in legal terms - a perpetual, free, and transferable license, with a right to sublicense, to use, copy, modify, create derivative works and otherwise exploit the Feedback in any form and media and for any purpose.
In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Last updated: August 22, 2023
Information Collected or Received from You
LM primary goal in collecting information is to provide and improve LM, to administer your use of LM (including your Account, if you are an Account holder), and to enable you to enjoy and easily navigate LM.
If you create an Account, LM will collect certain information that can be used to identify you, such as your phone number and, if you opt to add it, a photograph or picture of you (Personally identifiable information, or "PII"). Creating an Account also requires a username, which may or may not be PII depending on your username. You have the option to choose to provide other information about yourself, which will be made part of your Account's profile ("Profile").
With your permission, Loop will collect your contacts from your device's address book, including the names and telephone numbers of your contacts. This contact information will be used to help you to create groups and effectively use LM. In addition, with your permission LM will send text messages to selected contacts who are not Account holders in order to invite them to create an Account. LM does not store or use this information about your contacts for any other purpose.
Information Collected Using Technologies
Information Related to Use of the Services
LM’s servers automatically record certain information about how a person uses LM (referred to as "Log Data"), including both Account holders and non-Account holders (either, a "User"). Log Data may include information such as a User's Internet Protocol (IP) address, operating system, the features of LM a User browsed and the time spent on those features, search terms, the links on LM that a User clicked on and other statistics. LM use Log Data to administer LM and LM analyzes (and may engage third parties to analyze) Log Data to improve, customize and enhance LM by expanding their features and functionality and tailoring them to Users' needs and preferences. LM may use a person's IP address to generate aggregate, non-identifying information about how LM is used.
Information Sent by Your Mobile Device
LM collects certain information that your mobile device sends when you use LM, like a device identifier, user settings, and the operating system of your device, as well as information about your use of LM.
Information that Loop Messenger Shares with Third Parties
LM will not share any PII that is collected from or regarding you except as described below:
Information Shared with Other Account Holders
Your User Content and Profile, which includes your username, display name and, if you choose to include it, your photograph or picture, will be visible to other Account holders who are members of a group with you. The telephone number you provide to create your Account can be shared with other Account holders who are members of connected groups with you.
Information Shared with Loop Messenger Service Providers
LM may engage third party service providers to work with us to administer and provide LM. These third party service providers will have access to your PII only for the purpose of performing services on LM behalf and will be expressly obligated not to disclose or use your PII for any other purpose.
Information Shared with Third Parties
LM may share aggregated information and non-identifying information with third parties for industry research and analysis, demographic profiling and other similar purposes.
How long we retain your Personal Data depends on the type of data and the purpose for which we process the data. We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Notice unless a longer retention period is required or permitted by law.
Information Disclosed in Connection with Business Transactions
Information collected from LM users, including PII, is considered to be a business asset. Thus, if LM is acquired by a third party as a result of a transaction such as a merger, acquisition or asset sale or if its assets are acquired by a third party in the event Loop goes out of business or enters bankruptcy, some or all of its assets, including your PII, may be disclosed or transferred to a third party acquirer in connection with the transaction.
Information Disclosed for LM Protection and the Protection of Others
LM cooperates with government and law enforcement officials or private parties to enforce and comply with the law. LM may disclose any information about you to government or law enforcement officials or private parties as LM, in its sole discretion, believes necessary or appropriate: (i) to respond to claims, legal process (including subpoenas); (ii) to protect LM property, rights and safety and the property, rights and safety of a third party or the public in general; and (iii) to stop any activity that LM considers illegal or legally actionable activity.
LM offers you choices regarding the collection, use and sharing of your PII and will respect the choices you make. Please note that if you decide not to provide us with the PII that is requested, you may not be able to access all of the features of LM.
Modifying Your Information
You can access and modify the information contained in your Profile through LM. If you want LM to delete your PII and your Account, please contact Loop at [email protected] with your request. LM will take steps to delete your information as soon as possible, but some information may remain in archived/backup copies for LM records or as otherwise required by law.
The Security of Your Information
LM takes reasonable administrative, physical and electronic measures designed to protect the information that is collected from or about you (including your PII) from unauthorized access, use or disclosure. Please be aware, however, that no method of transmitting information over the Internet or storing information is completely secure. Accordingly, LM cannot guarantee the absolute security of any information.
Links to Other Sites
Your PII may be transferred to, and maintained on, computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you're located outside the United States and choose to provide your PII to us, LM may transfer your PII to the United States and process it there.
Policy Toward Children
LM Services are not directed to children under the age of 13 and LM does not knowingly collect PII from children under age 13. If it is discovered that LM has collected PII from a child under 13 years of age, steps will be taken to delete such information from LM’s files as soon as possible.
Loop Messenger respects the intellectual property rights of others and expects its users to do the same.
LM respects copyright law and expects the LM App users to do the same. It is LM's policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
Under these Terms you agree to do not any of the following:
- Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
- Use, display, mirror or frame the LM App or any individual element within LM, the LM name, any LM trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without LM’s express written consent;
- Access, tamper with, or use non-public areas of LM, computer systems, or the technical delivery systems of LM’s providers;
- Attempt to probe, scan or test the vulnerability of any of LM system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by LM or any of - LM’s providers or any other third party (including another user) to protect LM or LM Content;
- Attempt to access or search LM or LM Content or download LM Content through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by LM or other generally available third-party web browsers;
- Use any meta tags or other hidden text or metadata utilizing a LM trademark, logo URL or product name without the LM’s express written consent;
- Use LM or LM Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to enable LM or provide the LM Apps Content;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing LM; Collect or store any personally identifiable information from LM from other users of LM without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or encourage or enable any other individual to do any of the foregoing.
In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, LM will respond expeditiously to claims of copyright infringement committed using the Loop online network, which is accessible through LM, that are reported to LM Designated Copyright Agent, identified in the sample notice below.
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through LM by completing the following DMCA Notice of Alleged Infringement and delivering it to LM Designated Copyright Agent. Upon receipt of the Notice as described below, LM will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from LM.
DMCA Notice of Alleged Infringement ("Notice")
Identify the copyrighted work that you claim has been infringed, or — if multiple copyrighted works are covered by this Notice — you may provide a representative list of the copyrighted works that you claim have been infringed.
Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL or page on the App where such material may be found.
Provide your mailing address, telephone number, and, if available, email address.
Include both of the following statements in the body of the Notice:
1. “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
2. “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to LM's Designated Copyright Agent:
Collaborative Tools Agent
Delaware Corporate HQ
8 The Green STE A Dover, DE 19901