Terms and Conditions

Terms of Service

Effective date: 2025/03/13

Last revision: 2025/04/28

Summary

These Terms and Conditions establish the rules for using our Service. They detail your rights and responsibilities, explain how we manage content and intellectual property, and outline procedures for resolving disputes and staying informed about changes.

Your rights and responsibilities when accessing or using the Service – including guidelines for creating content, protecting account security, and interacting appropriately with others.
Payment and refund procedures – ensuring that all transactions are processed securely and transparently, with clear provisions for refunds when applicable.
The process for resolving disputes and limiting claims – detailing how disagreements are handled, including the avenues available for arbitration or litigation and specific protections based on your location.
Intellectual property rules and acceptable use standards – safeguarding our trademarks and content, while outlining your obligations regarding proper use and copyright guidelines.
How and when changes may be made to these Terms – explaining the process for modifications or termination of these terms, so you remain informed about any updates that could affect your rights.

By accessing or using our Service, you agree to be bound by these Terms. We encourage you to review them carefully. If you do not agree with all provisions, please discontinue use of our Website or Mobile App.

1. Introduction, Acknowledgment & Age Requirement

This Terms of Service (the “Policy”) Policy, is owned and operated by Loamier LLC.
It applies to this Website ("we", "us", "This Website", "Website", "Service") (loamier.com) and any related Mobile App (if applicable).

They define the respective rights and responsibilities of all individuals who visit, access, or utilize the Service. By accessing or using our Website, you agree to be bound by these Terms.

Your permission to use this Website is contingent upon your acceptance of, and adherence to, these Terms. By viewing or engaging with this Website or Service in any way, you agree to comply with these Terms. If you do not consent to any portion of these Terms, please do not use this Website.

Your use of the Website also depends on your acceptance of our Privacy Policy, which explains our data collection, usage, and disclosure practices, as well as your privacy rights and the legal safeguards in place. We encourage you to read the Privacy Policy thoroughly before using our Service.

Age Requirement

You represent that you are of legal age to enter into these Terms.

2. Definitions and Interpretation

Words with initial capital letters are defined below for the purposes of these Terms.

"Terms"

These Terms, whether referred to as Terms and Conditions, Terms of Service, or Terms of Use.
"Website"

The term “Website” refers to the online platform accessible at loamier.com, including all current and future subdomains. This platform may encompass diverse functionalities such as blog content, informational or showcase pages, e-commerce features, or Software-as-a-Service offerings.
"Service"

The functionalities and offerings made available through our Website, and if applicable, any associated Mobile App or related platforms.
"SaaS"

Software as a Service, a software distribution model where applications are hosted by a third-party provider and made available to customers over the internet.
"Account"

A unique user account created to access our Service.
"Content"

Any text, images, video, audio, data, software, or other information you upload, submit, or otherwise make available on the Service.
"Device"

Any computer, mobile device, or other equipment used to access the Service.
"Feedback"

Any suggestions, ideas, or comments provided regarding the Service.
"Governing Law"

The law of the jurisdiction in which the Service is primarily operated.
"Intellectual Property"

All proprietary rights in materials, content, software, and trademarks contained or used on the Service.
"Orders"

Requests to purchase products or services from us or through our platform.
"Products"

Physical or digital goods offered via the Service.
"You/Your"

The individual or entity accessing or using this Website or Service.
"Subscription"

Recurring access to a product or service under specified terms.
"API"

Any application programming interface provided as part of the Service, including those introduced with our SaaS offerings.

3. User Accounts & Profile

You may create an Account by providing accurate, current, and complete information. Providing incomplete or inaccurate details may lead to suspension or termination of your Account. You are responsible for maintaining the confidentiality of your password and for all activities under your Account.

We offer the convenience of signing in with external accounts or connecting your social media profiles. By doing so, you agree to not only our terms, but also the rules set by the third-party provider. These external guidelines cover important details—such as how your personal data may be collected, used, and shared—and they may be updated from time to time. Since we don’t control these policies, it’s up to you to review and follow the current terms of the third-party service before linking your account. Your connection to an external account means you accept their rules along with our own.

Profile Transfer Prohibition

You are strictly prohibited from selling, transferring, licensing, assigning, or otherwise disposing of your user profile or any associated account information.

User Responsibilities

Keep your login credentials confidential and secure.
Notify us immediately if you suspect unauthorized access to your Account.
You are responsible for all activities that occur under your Account.

4. Content & Acceptable Use

Our Service allows you to create, post, and share Content. You are solely responsible for all Content and any activity under your account, whether by you or any third party using your account. Unless otherwise agreed, you retain ownership of your Content; however, by submitting Content, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to use, reproduce, modify, display, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute it for the operation and enhancement of the Service, including commercial and advertising purposes. All rights not expressly granted to us are reserved.

Content Ownership

You retain all rights to your Content. We will host and back up your Content only for as long as you use the Service.

Content Responsibility

We do not review, verify, or endorse any content you create, upload, or submit through our Services or on your platform. You bear sole responsibility for all content associated with your use of the Services, including its accuracy, legality, and compliance with applicable laws. It is your responsibility to maintain backups of your content, as we are not liable for any loss, modification, deletion, or failure to store or transmit content. We make no guarantees regarding the security, privacy, or integrity of any data or communications processed through our Services.

Content Restrictions

You may not post or transmit any Content that is unlawful, offensive, upsetting, threatening, defamatory, libelous, obscene, or otherwise objectionable. Examples of objectionable Content include, but are not limited to:

Material that is unlawful or promotes unlawful activity.
Defamatory, discriminatory, or hateful references, including content targeting religion, race, sexual orientation, gender, or similar groups.
Spam or unauthorized advertising, chain letters, or other forms of solicitation.
Viruses, worms, malware, trojan horses, or other code intended to disrupt, damage, or limit the functionality of any software, hardware, or network.
Content infringing any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights.
Impersonating any person or entity, including our Company or its representatives.
Violations of any third party’s privacy rights.
False or misleading information and features.

We reserve the right (but are not obligated) to determine whether any Content is appropriate and complies with these Terms. We may remove or refuse to display Content that violates these Terms, and limit or revoke your use of the Service if you post such objectionable Content.

You understand you may be exposed to content you find offensive or objectionable, and you agree to use the Service at your own risk. Under no circumstances will we be liable for any content, including errors or omissions, or for any loss or damage incurred as a result of your use of any content on the Service.

Content Backups

Although we may perform routine backups of Content, we do not guarantee that there will be no loss or corruption of data. Corrupt or invalid backup points may be caused by Content that becomes corrupted prior to or during backup.

We will make reasonable efforts to troubleshoot and address known backup issues but assume no liability for inability to restore Content. You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

User-Generated Content & Warranties

The Service may allow you to create, submit, post, display, transmit, or share content, including but not limited to text, images, videos, audio, comments, or other materials (collectively, "Content"). You acknowledge that such Content may be publicly visible and accessible to other users. By submitting Content, you represent and warrant that:

You own or have obtained all necessary rights, licenses, consents, and permissions to submit, display, and distribute the Content through the Service.
Your Content does not infringe upon any intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
Your Content is not false, misleading, defamatory, obscene, harassing, hateful, violent, or otherwise unlawful.
Your Content does not contain any unauthorized advertising, spam, pyramid schemes, or other forms of solicitation.
Your Content does not include any material that is sexually explicit, promotes violence, discrimination, or harms minors in any way.
Your Content does not violate any applicable laws, regulations, or these Terms.

We reserve the right to review, remove, or modify any user-generated content at our sole discretion, without prior notice, if it is found to violate these Terms or for any other reason.

Acceptable Use Policy

You agree to use the Service only for lawful purposes and in compliance with these Terms and all applicable regulations. You are strictly prohibited from engaging in any activity that:

Violates any applicable laws, regulations, or third-party rights, including intellectual property, privacy, or contractual rights.
Attempts to gain unauthorized access to the Service, other user accounts, systems, or networks through hacking, password mining, or any other means.
Disrupts, damages, or interferes with the proper operation of the Service, its security features, servers, or any network connected to the Service.
Uses the Service to distribute, upload, or transmit malware, viruses, worms, spyware, or any other malicious software.
Engages in fraudulent, deceptive, or misleading activities, including impersonating another person or entity.
Collects or harvests data, including usernames or email addresses, for unauthorized purposes such as unsolicited messaging or spamming.
Attempts to circumvent, disable, or tamper with any security or access control measures implemented within the Service.
Posts, uploads, transmits, or distributes content—including comments, messages, or other user-submitted material—that is defamatory, harassing, obscene, abusive, or otherwise objectionable.
Engages in any automated use of the system, such as bots, scrapers, or unauthorized data mining.
Attempts to reverse-engineer, decompile, or modify the Service’s software, except as expressly permitted by law.

Any breach may result in suspension or termination of your access, and we reserve the right to take additional legal action if necessary.

5. Copyright and Intellectual Property

For U.S. Customers (DMCA Compliance)

We respect the intellectual property rights of others. If you believe that your copyright or other intellectual property right has been infringed, please notify us pursuant to the Digital Millennium Copyright Act (DMCA).

The DMCA sets forth legal requirements for copyright infringement claims under 17 U.S.C. §512(c). We respond to valid claims in compliance with this law.

For EU Customers

If you are a customer in the European Union, we comply with the EU E-Commerce Directive and the Copyright in the Digital Single Market Directive. We will evaluate and, if necessary, remove or disable access to infringing material upon receipt of a valid notice.

For All Other Jurisdictions

If you are located outside the United States or the European Union and believe that your copyright or intellectual property rights have been infringed, please submit a notice in accordance with applicable law.

Submit a DMCA Notification or Inquiry

To report copyright infringement or request removal of infringing material, please submit a written notification containing the following details:

A physical or electronic signature of the person authorized to act on behalf of the copyright owner.
A description of the copyrighted work you believe has been infringed, including its URL or a copy of the work.
Identification of the URL or specific location on our Service where the allegedly infringing material is found.
Your contact information, including address, phone number, and email.
A statement confirming your good faith belief that the disputed use is not authorized by the copyright owner, their agent, or the law.
A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on their behalf.

DMCA Agent Contact

You can submit notices or inquiries about suspected infringements to our designated DMCA agent:

Name: Francesco Cristallo
Email: [email protected]

Counter-Notification Process

If you believe your content was taken down by mistake after a report, you have the right to contest its removal. To file a counter-notification, please send us a message that includes:

A clear description of the removed content and its original location on our Service.
An explanation of why you believe the content should not have been removed.
Your full name, contact information, and any relevant account details.
A statement, under penalty of perjury, confirming that you have a good faith belief the removal was a mistake, and that the affected content should be reinstated.
Your acceptance of the applicable legal jurisdiction related to this matter.

Once we receive your counter-notification, we will review your submission as soon as possible. If we determine that the removal was in error, we will restore your content in line with relevant laws. Please note that filing a counter-notification is a formal legal process, and any false statements or misrepresentations could result in legal consequences.

6. Business Model, Payments & Purchasing

By using our Service, you acknowledge that we may offer products, services, or subscriptions. Your purchase of any such items is subject to these Terms and any additional terms provided at the time of sale.

Sales Types

We provide Software as a Service (SaaS), granting access to our platform or software under a subscription model.

Payment Methods

We offer a variety of payment methods to ensure a smooth and secure transaction process. Below are the available options:

Stripe as a payment processor. Transactions are subject to Stripe’s terms and policies.

Credit Card Authorization & Security Checks

Any credit or debit card usage may be subject to validation checks and authorization by your card issuer. If the issuer of your card refuses to authorize payment, we reserve the right to cancel your order or suspend the transaction. You acknowledge that we shall not be liable for any resulting delay or non-delivery if we do not receive the required authorization.

We also reserve the right to implement fraud-prevention measures or identity checks if suspicious activity is detected. Failure to comply with such verification requests, or the discovery of fraudulent or unauthorized use, may lead to order cancellation and possible account termination.

Marketplace Infrastructure Disclaimer

Our SaaS provide solely the technical platform for facilitating transactions. We are not involved in the actual buying or selling of goods or services, and all liabilities arising from sales are solely the responsibility of the buyer and seller.

Purchasing Process

To make a purchase, select your desired products or services, provide the necessary payment details, and confirm your order. Our checkout process is designed to be seamless and secure. By completing a purchase, you agree to our refund policy and any applicable sales terms.

Free Trial

You are eligible for a free trial period of 30 days. At the end of the trial period, you will be prompted to convert to a paid subscription.

Affiliate Program

We offer an affiliate program that rewards you for referring customers. You will earn a commission for each successful purchase made through your referral link.
Commission details: 50% for 12 months;
You will have access to a dedicated dashboard where you can track your earnings, referral statistics, and payouts in real time.

Subscriptions

We offer subscriptions that provide recurring access to our Service. The terms of your subscription will be determined by the type selected:

Open-Ended Subscription

Your subscription will automatically renew at the end of each billing period until you cancel it.

Coupons and Vouchers

We may offer discounts and promotions through coupons or vouchers. These offers may have limitations or expiration dates, which will be specified at the time they are provided.

Our Service does not rely on advertisements for monetization. Instead, we focus on providing content and resources without ad-based revenue.

7. User Rights, Refunds & Right of Withdrawal

Money-Back Guarantee

We stand by the quality of our service. If the service is discontinued within 30 days of your purchase, you are entitled to a full refund, no questions asked. Simply contact our support team to initiate the process.

Refund Eligibility for Digital Products & Services

Users may request a refund under the following conditions:

The request is made within the allowed refund period.
The purchase meets any applicable eligibility criteria (e.g., unused services, no violations of the terms).
Refunds do not apply to non-refundable services, digital content already accessed, or personalized items unless required by law.

To request a refund, please contact us with your order details and reason for the request. Alternatively, you can submit a refund request through the refund section in your control panel by following the provided instructions. All refund requests are subject to review and approval.

Subscription Cancellation

If you have an active subscription, you may cancel it at any time through your account settings or by contacting us. Cancellations take effect at the end of the current billing cycle, and you will continue to have access until that time.

Refunds for unused portions of a subscription period may not be not provided unless required by law.

Right of Withdrawal (EU Consumers)

If you are a consumer in the EU, Norway, Iceland, or Liechtenstein, you have the right to withdraw from your purchase within 14 days without providing a reason, in accordance with applicable law. This right applies to physical goods, digital content, and services, with the following conditions:

Physical Goods:

If withdrawing from a physical goods purchase, you are responsible for return shipping costs unless otherwise specified.
Digital Products:

If withdrawing from a digital purchase, you acknowledge that refunds may not be possible after accessing or downloading the content.
Services (including SaaS):

The withdrawal right may be waived if you request immediate access to the service or if the service has already been fully or partially performed.

To exercise your right of withdrawal, please notify us within the 14-day period and follow our return instructions.

8. Termination

Effect of Termination

Upon termination of this Agreement, your right to access and use the Service will immediately cease. You must discontinue any use of the Service, including any related content, platform, or applications provided.

We reserve the right to delete any content or data associated with your account after 60 days from the termination date. This includes, but is not limited to, files, user-generated content, and any personal information stored on our systems, subject to our Privacy Policy.

No refunds shall be issued for any fees paid prior to termination, unless otherwise required by law or explicitly stated in our refund policy. If you terminate due to a material change in these Terms that you do not accept, you may be eligible for a prorated refund of any unused portion of your subscription.

Survival Clause

The provisions of these Terms that by their nature should survive termination shall remain in effect, including but not limited to intellectual property rights, disclaimers, limitations of liability, indemnification, dispute resolution, and any other obligations that extend beyond the termination or expiration of this agreement.

Reservation of Rights

All rights, titles, and interests in and to the Services, including all intellectual property and proprietary rights, are owned by us or our licensors. Any rights not expressly granted to you under this Agreement are reserved by us. No provision of this Agreement shall be construed as granting any license or right to use our trademarks, service marks, or other brand elements without our prior written consent.

9. Dispute Resolution & Limitation of Claims

Governing Law

These Terms are interpreted according to the laws of United States—specifically those of Texas—without consideration for conflict of laws. By using our Service, you consent to resolve any disputes in the courts located in Texas.

Notice of Dispute

If an issue arises with our Service, please Contact Us in writing as soon as possible, explaining the nature of the dispute so we can work towards a resolution.

Dispute Resolution Process

If a dispute arises regarding your use of the Service, our policies, or any related matter, you agree to first seek resolution through direct, good-faith discussions. Both parties will attempt to resolve the issue amicably, ensuring open communication and a fair opportunity to address concerns before taking further action.

Injunctive Relief

Nothing in these Terms prevents either party from seeking immediate court action (such as an injunction) to protect against harm that cannot be adequately resolved through the steps outlined above.

Designated Jurisdiction

All legal actions must be initiated in the courts located in Travis, Texas, United States.

Limitation on Legal Claims

Any claim arising from your use of our Service must be filed within one (1) year from the date of the event causing the claim or when you first became aware of it. Claims not initiated within this period will be permanently barred, as much as permitted by law.

Amicable Resolution

Before starting formal dispute procedures, we encourage you to contact us through the Contact Us section so we can try to resolve the issue amicably.

US Users

By using our Service, you waive your right to a trial by jury and participation in class action lawsuits, to the fullest extent allowed by law. Furthermore, any disputes for U.S. users requiring arbitration will be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

UK Consumers

If you are a consumer in the United Kingdom, your legal rights under UK consumer laws are fully protected. Nothing in these Terms shall diminish the rights you have under the UK Consumer Rights Act 2015 or other applicable laws.

EU Online Dispute Resolution

For consumers in the European Union, you can seek an out-of-court resolution via the Online Dispute Resolution (ODR) platform provided by the European Commission.

California Users & Residents

In accordance with California Civil Code §1789.3, California residents are provided with certain consumer rights:

If you have any complaints or need more information about our Service, please reach out using the details in the Contact Us section.
You may also contact the Complaint Assistance Unit at the California Department of Consumer Affairs:
1625 North Market Blvd., Suite N 112, Sacramento, CA 95834
Phone: (800) 952-5210 or (916) 445-1254.

10. Limitation of Liability, Disclaimers & Indemnity

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING THE LAWS OF THE UNITED STATES AND AUSTRALIA, OUR LIABILITY ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE IS LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE. ANY CLAIM MUST BE BROUGHT WITHIN SIX (6) MONTHS OF THE INCIDENT, AND IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID.

Additional Limitation of Liability for Purchases

Notwithstanding any other provision of these Terms, our total liability for any claim related to a purchase made through the Service shall be limited to the amount you paid for that specific purchase. This limitation does not apply to claims concerning:

Excluded Goods

Personalized or custom-made items,
Goods subject to rapid deterioration or expiration, or
Sealed items that cannot be returned once unsealed due to health or hygiene reasons.

Excluded Services

Services that have been fully performed or where performance has begun with your prior express consent, or
Services related to accommodation (excluding residential purposes), transport of goods, car rentals, catering, or leisure activities scheduled for a specific date or period.

Other Exclusions

Goods or services with prices subject to fluctuations in the financial market beyond our control during the withdrawal period, or
Goods that, after delivery, become inseparably mixed with other items due to their nature.

Disclaimer of Warranties

We provide our Service "as is" and "as available", without any promises or guarantees. This means we do not assure you that the Service will be uninterrupted, completely secure, error-free, or tailored to your specific expectations.

In other words, we make no implied or express warranties regarding the Service’s merchantability, its suitability for any particular use, or its freedom from legal issues. When using our Service, you do so entirely at your own risk, and we are not responsible for any issues, interruptions, or inaccuracies you might encounter.

Indemnity

You agree to indemnify, defend, and hold harmless us, our affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to:

Your use of our services, products, or website;
Your violation of these Terms and Conditions;
Your infringement of any intellectual property or other rights of a third party; or
Any content or material you submit, post, transmit, or otherwise make available through our services.

We reserve the right to assume exclusive defense and control of any matter subject to indemnification, and you agree to cooperate in the defense of such claims. This indemnity obligation will survive the termination of these Terms.

Third-Party Website Links

Our Service may include links to websites that are not owned or controlled by us. These links are provided for your convenience only and do not mean we endorse or guarantee the content, products, or services offered on these external sites. Once you click on any such link, you'll be directed away from our website, and the policies of that site will apply—not ours. Please review their terms and privacy policies before engaging or providing any personal information.

Refunds for Service Discontinuation

If we discontinue the Service within a short period after your purchase, you may be eligible for a refund. Refund eligibility and the amount refunded will be determined based on the duration of service used and any applicable terms. Please contact our support team to request a refund and for further details on the process.

Modifications, Updates & Service Interruptions

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, including features, databases, or content. While we will make reasonable efforts to notify you of significant changes that may impact your usage, urgent modifications may occur without prior notice.

Additionally, we may impose limits on certain features or restrict access to parts or all of the Service without prior notice or liability. While we strive to provide a reliable and uninterrupted experience, we do not guarantee that the Service will be free from delays, disruptions, or errors. We are not responsible for any losses or inconveniences resulting from scheduled or unscheduled downtime, though we will provide advance notice for planned maintenance whenever possible.

By continuing to use the Service after any modifications take effect, you agree to be bound by the updated terms. If you do not agree with the changes, you must discontinue your use of the Service.

11. Severability and Waiver

Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision shall be deemed modified to reflect the parties’ intent to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.

Waiver

Failure or delay by us in enforcing any right or provision under these Terms shall not be considered a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of our company. No single or partial exercise of any right or remedy shall prevent the further exercise of that or any other right or remedy.

12. Changes to These Terms

We reserve the right to update or amend these Terms at any time. If a change significantly affects your rights, obligations, or access to the Service, we will provide at least 30 days’ notice before the change takes effect. Minor updates, such as clarifications or legal adjustments, may take effect immediately without prior notice.

Contact Us

If you have any questions or concerns regarding these Terms, please contact:

Francesco Cristallo
[email protected]

We will make every effort to respond to your request promptly and to address your concerns.

For US Residents

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