App Terms of Use and EULA

By downloading or using the app, these terms will automatically apply to you – you should make sure therefore that you read them carefully before using the app. You’re not allowed to copy, or modify the app, any part of the app, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the app, and you also shouldn’t try to translate the app into other languages, or make derivative versions. The app itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to Deliany LLC.

Deliany LLC is committed to ensuring that the app is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app or to charge for its services, at any time and for any reason. We will never charge you for the app or its services without making it very clear to you exactly what you’re paying for.

By using LoopMessage or our related services and Apps you hereby agree to:

Confidentiality and Non-disclosure

You agree not to share or distribute any piece of the software to any person or entity without the written prior consent of Deliany LLC. Further, you agree not to share any images, content, or information that you derive from the software including, but not limited to screenshots, schematics, information pertaining to how the software works or is designed, or any other proprietary information (such as business plans or pricing models, artwork, code, textual work, animations, design elements, user interface, and interaction design, and any other derivable information) that can be derived with your access to this software with anyone except LoopMessage for diagnostic and customer support related purposes. Further, you may not incorporate any of the proprietary information that you may gain access to into your own works or the work of any company or entity you may work for. If you do not think you can comply with this for any reason, you must remove the software and any related software from your device now. You will be held liable for damages that arise from a breach of this confidentiality notice.

NO ACCESS TO EMERGENCY SERVICES. There are important differences between LoopMessage’s telephone and texting services and your mobile and fixed-line telephone and SMS services. Our Services which use LoopMessage provided phone numbers do not provide access to emergency services or emergency services providers, including the police, fire departments, or hospitals, or otherwise connect to public safety answering points. You should ensure you can contact your relevant emergency services providers through a mobile, fixed-line telephone, or other services.

Relationship between you and Deliany LLC

Deliany LLC is the producer of a suite of software applications and services. You are considered a consumer of such services and software. Deliany LLC or it’s employees and proprietors are not your agent(s). You are responsible for your actions while using the software and for following all legal and regulatory procedures that govern your ability to use our software in your region and country.

You agree to hold Deliany LLC and third parties which Deliany LLC contracts with harmless in the event that you breach any laws or other terms of services or contracts which you may be bound by. You agree to hold Deliany LLC harmless and acknowledge that Deliany LLC, the Deliany LLC team of employees and proprietors or any agents of Deliany LLC (Deliany and Co.) are not responsible for damages that arise from your use of our software or for the software not functioning as desired or as anticipated by you. Along the same lines, Deliany LLC cannot always take responsibility for the way you use the app i.e. You need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the Service, Deliany LLC cannot accept responsibility.

Further, Deliany LLC and Co. is not responsible if some portion or all of the software which it provides to you stops behaving or functioning as it may have previously or as anticipated. You may stop using the software and request to cancel services going forward, but you are not entitled to a refund or damages for services already rendered to you.

With respect to Deliany LLC’s responsibility for your use of the app, when you’re using the app, it’s important to bear in mind that although we endeavor to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. Deliany LLC accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the app.

At some point, we may wish to update the app. The app is currently available on macOS and iOS/iPadOS – the requirements for the system (and for any additional systems we decide to extend the availability of the app to) may change, and you’ll need to download the updates if you want to keep using the app. Deliany LLC does not promise that it will always update the app so that it is relevant to you and/or works with the macOS or iOS/iPadOS version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, We may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and access granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.

The LoopMessage app can interact with your social accounts or your messengers only with your permission. Our application does not manage your contacts in social networks or messengers and only helps to automate routine actions for messaging or mailing. App provides convenient distribution for messages or emails to your: audience, clients, contacts, friends, buddies, acquaintances, students, classmates and etc. The app is not designed to distribute thousands of messages/emails per second to unowned recipients.

During using our application, you should take into account that social networks and instant messengers may have restrictions on the distribution of messages and mails. You must consider these limitations yourself for each distribution method you use.

You agree that Deliany LLC, its team of employees, as well as its agents Deliany LLC, are not responsible if the social network restricts or blocks your account as a result of sending messages or considers that you are sending spam or inappropriate/unwanted content. Or any other limits which restrict your access or ability to send messages. Or if your messages or mails are not delivered to your contacts or any other recipients due to these restrictions.

You agree that you will not have any further claims if similar or any other restrictions are applied by other services to you. And you will not demand a refund in such restrictions by other services or if you have restricted permission to the App to interact with your social networks or instant messengers. You agree that any requests for refunds for such or similar reasons related to limitations by other services or that you made yourself will be ignored or declined.

You acknowledge that you are solely responsible for compliance with the rules of the services in which you send messages or emails.

Payments, Fees, Taxes

We accept the following forms of payment on our website:

– Cards (including Mastercard, Visa, Maestro, American Express, Discover, Diners Club, JCB, UnionPay, and Mada)
– PayPal

Purchases that are made on our website are handled by the merchant of record (MoR) “Paddle” and are not stored or processed on our servers. By making a purchase, you must also agree to the Paddle Buyer Terms and Conditions. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that the payment processor can complete your transactions and contact you as needed. We bill you through an online billing account for purchases made via the Site. VAT, GTS, or sales taxes may be added to the price of purchases as deemed required by the country where you are located. Our payment processor “Paddle” handles Tax compliance for all countries where required. You can check details regarding Tax charges for your country on their website. We may change prices at any time. Prices may be various for different currencies and countries.

You agree to pay all charges or fees, taxes, VAT, GST at the prices then in effect for your purchases, and you authorize us to charge your chosen payment method for any such amounts upon making your purchase. If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation.

We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Site, our agents, or affiliates.

Payments in the apps downloaded from the Apple App Store

All payments which you did in the App downloaded from Apple App Store are handled by Apple as in-app purchases, and can only be refunded by Apple and with Apple’s consent. And you must contact Apple for help with refunds or disputes related to your payments. You can manage your subscription and turn off auto-renewal in your iTunes account settings.

Recurring payments

Most parts of our paid services are provided on a subscription model (recurring payments). Subscriptions may have different billing intervals. If we are unable to charge in the new billing period or after the trial period (if available), some of our services and app features may be restricted.

Cancelation of payments and refunds

You agree that any refund requests may be declined and you will not have any claims or lawsuits related to this. All refund requests are discussed individually with the support team.

Important: Deleting the app will not automatically stop your subscription. You must cancel it first to end your subscription. If you uninstall the app without canceling your subscription, you will still be charged. And you agree that can’t be a reason for the refund request.

Canceling a subscription will not retroactively refund payments, and previously charged subscription fees cannot be pro-rated based on the cancellation date.

If you cancel an existing subscription and decide to subscribe again later, you will be charged the most recent price.

You, NOT Deliany LLC (or their team of employees, as well as its agents Deliany LLC and payment processors or merchant of record which cooperate with Deliany LLC), are responsible for canceling your subscription before uninstalling the application or when the trial period ends. And you agree that all refund requests will be rejected if you forgot or ignore to cancel your subscription after uninstalling the app or when the trial period is ended.

For more information about payments or unsubscription, please go:
https://help.paddle.com/hc/en-us/articles/115002234549
https://support.apple.com/en-us/HT201359

If you ask support to cancel your recurring payments we will ask you to confirm your request by email or other types of communication. Only after confirming your subscription will be canceled. This is to prevent abuse in which a third party may try to introduce themselves as you, especially when contact person email or any other personal data may be different from your payment info.

You can get a refund if you first time made purchased on this site (not Apple App Store) according to the money-back period specified on the product page. If you purchase a full access feature on the site of our partners or resellers, there can be different rules for the money-back period according to their platform terms.

If you are unsatisfied with our services, please email us at [email protected] or write a request to the support chat.

Third-party services

The LoopMessage app does use third-party services that declare their own Terms and Conditions.

Links to Terms and Conditions of third party service providers used by macOS app:

Links to Terms and Conditions of third party service providers used by iOS app:

End-User License Agreement (EULA)

This End-User License Agreement (“EULA”) is a legal agreement between you and Deliany LLC.

This EULA agreement governs your acquisition and use of our LoopMessage software (“Software”) directly from Deliany LLC or indirectly through a Deliany LLC authorized reseller or distributor (a “Reseller”).

Please read this EULA agreement carefully before completing the installation process and using the LoopMessage software. It provides a access to use the LoopMessage software and contains warranty information and liability disclaimers.

If you register for a free trial of the LoopMessage software, this EULA agreement will also govern that trial. By clicking “accept” or installing and/or using the LoopMessage software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA agreement.

If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Software, and you must not accept this EULA agreement.

This EULA agreement shall apply only to the Software supplied by Deliany LLC herewith regardless of whether other software is referred to or described herein. The terms also apply to any Deliany LLC updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.

Account registration

Your personal account may be registered on the Site or in our Applications. You agree to keep your passwords, cookies, authorization key, access tokens, OTP codes, and API keys confidential and will be responsible for all use of your account. You, NOT Deliany LLC (or their team of employees, as well as its agents Deliany LLC and payment processors which cooperate with Deliany LLC), are responsible for ensuring the security of your credentials related to your account.

You confirm that you will provide up-to-date data during registering an account. We don’t provide full access to our products to fake or anonymous users.

If we have any doubts about your identity or company, we can initiate a KYC procedure to exclude any attempt to violate the described here terms of use. In this case, we may require you to provide documents and proof that confirm your personal data or payment data.

Granting “Full access”

Deliany LLC hereby grants you personal, non-transferable, non-exclusive access to use the LoopMessage software on your devices in accordance with the terms of this EULA agreement.

Full access allows you to use the software on only one type of device simultaneously. If you need to use it on another device, then your account will be signed out from other such types of devices where you’re signed with your account. If you need to use the software on multiple devices with the same operating system simultaneously, you need to use several accounts and make purchases for an equivalent number of accounts.

You are permitted to download the LoopMessage software (for example from a PC, Mac, mobile, or tablet) under your control. You are responsible for ensuring your device meets the minimum requirements of the LoopMessage software.

You are not permitted to:

Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things
Reproduce, copy, distribute, resell or otherwise use the Software for any commercial purpose
Allow any third party to use the Software on behalf of or for the benefit of any third party
Use the Software in any way which breaches any applicable local, national or international law
Use the software to distribute spam or inappropriate content
Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other malware software.
Use the software to distribute negative messages or content related to Deliany LLC, its employees, and products being developed
Use the Software for any purpose that Deliany LLC considers is a breach of this EULA agreement

Intellectual property and ownership

Deliany LLC shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of Deliany LLC.

Deliany LLC reserves the right to grant licences to use the Software to third parties.

Restricted countries or companies

We can’t currently open accounts or provide services for users living in the following countries (Restricted countries): Afghanistan, Burma (Myanmar), Cuba, Democratic Republic of the Congo, Iran, Haiti, Morocco, Mali, North Korea, Russia, South Sudan, Sudan, Syria, Venezuela, Yemen, and Zimbabwe. As well as companies or individuals who deny: Russia’s military aggression against Ukraine, as well as the fact that Russia is a Nazi-fascist state. And/Or who finance Russia after the beginning of military aggression by the Nazi-Fascist Russian government.

Your account may qualify as country-restricted if:
1) Your entity is registered in restricted countries. And/or originally from restricted countries.
2) Your company or team where the main part of the management or people who make decisions is located in restricted countries. Or cooperate closely with companies or individuals from restricted countries.
3) The company whose main market where operates in restricted countries. Or most of the use of our applications or services is related to the market from restricted countries.

Any attempt to use a VPN or any other approach to bypass these country restrictions will be considered a violation of the terms of use and this account will be restricted or blocked.

We reserve the right to close a user’s account if we discover that the services or apps are being used by a company that provides services similar to ours.

Termination

This EULA agreement is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to Deliany LLC.

It will also terminate or blocked immediately if you fail to comply with any term of this EULA agreement or violate the laws of your Country or State/Province/Region/Union/Prefecture. Upon such termination, access granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software. You agree that you will not be able to receive any refunds if your access has been terminated or blocked by violating our Terms of Use. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.

Governing Law

This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of us.

Changes to this terms and conditions

We may update our Terms and Conditions 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.

By using app, you are, of course, subject to our Privacy Policy.

These terms and conditions are effective as of 2022-11-01