Welcome to LoopGenius, a website creation and marketing automation service operated by Shiba Technologies, Inc. (hereafter referred to as "LoopGenius", "we", "us", or "our"). By accessing or using our services, you agree to be bound by the following terms and conditions (the "Terms of Service"). If you do not agree to these terms, please do not use our services.
1. Service Description
LoopGenius provides a variety of services, including website creation, hosting, marketing automation, and full-service advertising agency support. In addition to our automated software services, our agency offering includes strategic consulting, campaign management, ad creative design, and ongoing optimization, all tailored to meet your business goals. By subscribing to our agency services, you agree to receive marketing consultation and execution from our team, in addition to the use of our software.
2. User Responsibilities
As a user of LoopGenius, you are responsible for the following:
3. Marketing Communication Consent
By using our services, you agree to opt into receiving marketing emails from LoopGenius and its affiliated companies and brands including the LoopGenius newsletter, Beyond9to5. If you wish to opt-out from receiving such emails, you can do so at any time by clicking the unsubscribe link in the emails.
4. Proprietary Rights
All content, trademarks, and data on our website and provided through our services are the property of Shiba Technologies, Inc. or its licensors and are protected by United States and international copyright and trademark laws. You may not use any content, trademark, or data without our express written consent.
5. Termination of Service
We reserve the right to terminate or suspend your access to our services at any time, with or without notice, for any reason, including for violation of these Terms of Service.
6. Disclaimer of Warranties
OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT (I) OUR SERVICES WILL MEET YOUR REQUIREMENTS, (II) OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
7. Limitation of Liability
IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE OUR SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM OUR SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SERVICES; (V) ANY OTHER MATTER RELATING TO OUR SERVICES. IN ANY CASE, OUR LIABILITY TO YOU SHALL BE LIMITED TO THE AMOUNT YOU PAID TO US FOR THE USE OF OUR SERVICES.
8. Indemnification
You agree to indemnify, defend, and hold harmless LoopGenius, its officers, directors, employees, agents, licensors, and suppliers from and against any claims, actions or demands, liabilities, and settlements, including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Service.
9. Governing Law
These Terms of Service shall be governed by and construed in accordance with the laws of the United States and the State of California, without giving effect to any principles of conflicts of law.
10. Changes to the Terms of Service
We reserve the right to make changes to these Terms of Service at any time. If we make changes, we will provide notice of such changes, such as by sending an email notification, providing notice through our website, or updating the "Last Updated" date below. Your continued use of our services after the changes are made shall be deemed to be your acceptance of the new terms.
11. 30-day money-back guarantee
Our 30-day money-back guarantee is designed to give you peace of mind when subscribing to LoopGenius. This guarantee applies exclusively to the subscription service fee for the first 30 days of your membership, currently priced at USD$199 (note that this price is subject to change). To obtain a refund of the subscription fee, you can reach out to support@loopgenius.com to request a refund. Any refund provided will also result in the immediate cancellation of your account. Please be aware that this guarantee does not extend to any ad credits purchased, which are non-refundable. Additionally, the guarantee does not apply to specific services including video ad contests, creator ads, our agency service, or our one-on-one strategy sessions. It is limited solely to the software subscription fee of first-time customers who did not receive a free trial, offering a risk-free opportunity to experience the value LoopGenius brings to your marketing efforts.
12. Offers and Reseller Terms
By using LoopGenius to sell your products and services, you, the "Business Owner," agree to appoint LoopGenius as your authorized reseller. As such, LoopGenius is permitted to sell your products and services on your behalf in accordance with these Terms of Service. All sales processed through the Platform will be subject to a 5% service charge, which includes credit card processing fees. This fee will be deducted from the sales proceeds, which are deposited weekly into your designated account.
The Business Owner guarantees that all products and services sold through the Platform are legal for sale in the United States and in the Business Owner's home country, if different from the United States. LoopGenius acts solely as a reseller; therefore, it assumes no liability for the products and services offered by the Business Owner through the Platform. Business Owners are solely responsible for ensuring their products and services comply with all applicable laws and regulations.
By participating in this reseller model, Business Owners agree to indemnify and hold harmless LoopGenius, its affiliates, officers, agents, and employees from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms, your violation of any law, or the rights of a third party related to the sale of your products and services through the Platform.
LoopGenius reserves the right to modify these Terms of Service at any time, and such modifications will be effective immediately upon posting the modified terms on the Platform. Your continued use of the Platform following any such modification constitutes your agreement to be bound by and comply with the Terms of Service as modified.
13 . Agency Services and Client Responsibilities
By engaging LoopGenius's agency services, you acknowledge and agree to the following:
14. Campaign Results and Performance
LoopGenius provides no guarantee regarding specific outcomes from advertising campaigns, as results are influenced by a variety of factors outside our control, including market conditions, competitive activity, and audience engagement. While our team uses best practices and data-driven strategies to optimize campaigns, you acknowledge that past performance does not guarantee future results.
15. Ownership of Creative Assets
All advertising content, including but not limited to static ads, videos, scripts, and landing pages, created by LoopGenius for your campaigns remain the property of LoopGenius unless otherwise specified in a separate agreement. Upon termination of services, you may request a transfer of rights to use these assets, subject to any applicable fees for ownership transfer.
16. Agency Service Fees and Payment Terms
17. Termination of Agency Services
Either party may terminate agency services at any time with 15 days' written notice. In the event of termination, LoopGenius will cease all campaign management, and all outstanding fees will remain payable. Upon termination, you may retain ownership of ad accounts and other campaign materials developed by LoopGenius upon request, subject to a transfer fee where applicable.
18. Contact Information
If you have any questions about these Terms of Service, please contact us at: legal@loopgenius.com
These Terms of Service were last updated on 07/30/2024.