Terms of Service

Welcome to loomyAI (the “Platform”), provided and operated by LOOMY TECH PVT LTD. (“loomyAI”, “we”, or “us”).

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You are reading our Terms of Service (the “Terms”), which are an agreement between you and us. These Terms outline how you can access and use the Platform, along with our websites, services, applications, products, and content (collectively, the “Services”). Note that some Services or features, like submitting or sharing User Generated Content, may have restrictions and might not be available to all users. Our Services are intended for personal, non-commercial use.

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For the purposes of these Terms, “you” and “your” refer to you as the user of the Services. These Terms form a legally binding agreement between you and us, so please read them carefully. If you are under 18, you may only use the Services with the consent of your parent or legal guardian. Make sure your parent or legal guardian has reviewed and discussed these Terms with you.

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Geographic and Legal Use Restrictions

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The information provided through our services is not intended for distribution or use in any jurisdiction or country where such actions would violate any regional law or regulation or would require us to register within that jurisdiction. If you choose to access our services from outside our primary regions, you do so at your own risk and are solely responsible for complying with any applicable local laws.

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Agreeing to Our Terms

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When you access or use our Services, you are agreeing to a binding contract with loomyAI. By using the Services, you accept these Terms and agree to follow them. Your use of our Services is also governed by our Privacy Policy and Community Guidelines, which are available on our Platform or in your mobile device’s app store. By using the Services, you are consenting to our Privacy Policy. If you do not agree to these Terms, please do not use our Services.

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If you are using the Services on behalf of a business or other entity, you represent that business or entity. This means you confirm that you are authorized to bind the entity to these Terms and that both you and the entity agree to the Terms. Your business or entity will be responsible for your use of the Services, as well as use by anyone else affiliated with your business, including employees and contractors.

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Your continued use of our Services represents your acceptance of these Terms. For your reference, consider printing or saving a copy of these Terms.

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Updates to Our Terms

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We update our Terms occasionally to reflect changes like updates to our Services, integration of our apps, or new regulatory requirements. We’ll do our best to notify you about any major changes through a notice on our Platform, but we recommend you regularly review the Terms yourself. The “Last Updated” date at the top of the Terms indicates when they were last revised. Continuing to use our Services after these updates means you accept the new Terms. If you disagree with the updates, you must stop using our Services.

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Your User Account

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To use some of our Services, you need to create an account. It’s essential that you provide accurate, up-to-date information and keep this information current. Always keep your account password confidential. If you believe your account has been compromised, please contact us immediately at privacy@loomyai.com.

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You are solely responsible for all activity on your account. We may disable your account if you violate our Terms or if your actions could damage or impair our Services, infringe on third-party rights, or violate laws.

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If you decide to stop using our Services and wish to delete your account, you can do so through the settings and privacy page under Account -> Delete Account. Be aware that deleting your account is irreversible, and you won’t be able to reactivate it or recover any content or information. We may keep some information related to your account for legal obligations, dispute resolution, and to enforce our agreements.

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Access and Use of Our Services

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These Terms and all relevant laws and regulations govern your use of our Services. You may not:

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• Use or access the Services if you cannot legally agree to these Terms.
  
  
• Make unauthorized copies, modify, adapt, translate, reverse engineer, disassemble, decompile, or create derivative works of the Services or any content within, including files, tables, or documentation, or attempt to determine any source code, algorithms, methods, or techniques used in the Services.
  
  
• Distribute, license, transfer, or sell any part of the Services or derivative works.
  
  
• Sell, rent, market, or lease the Services for a fee or use them for advertising or commercial solicitations.
  
  
• Use the Services for any commercial or unauthorized purpose, including sending advertisements, solicitations, or engaging in any form of spamming, without our explicit written consent.
  
  
• Interfere with the proper functioning of the Services, disrupt our website, apps, and networks, or bypass any measures we may use to prevent or restrict access to our services.
  
  
• Incorporate the Services or any part of them into another program or product. We reserve the right to refuse service, terminate accounts, or limit access if this occurs.
  
  
• Use automated scripts to collect information from or interact with the Services.
  
  
• Impersonate any person or entity, or falsely represent your affiliation with any person or entity, including giving the impression that your content comes from the Services.
  
  
• Intimidate or harass others, or promote sexually explicit material, violence, or discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age.
  
  
• Use another person’s account, service, or system without authorization, or create a false identity on the Services.
  
  
• Use the Services in a way that creates a conflict of interest or undermines their purpose, such as trading reviews with other users or soliciting fake reviews or comments.
  
  
• Use the Services to upload, transmit, distribute, store, or make available files that contain viruses, trojans, worms, logic bombs, or other malicious or harmful software. Avoid sharing unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other prohibited solicitations. Do not share any private information of third parties, such as addresses, phone numbers, email addresses, personal identity numbers, or credit card numbers. Refrain from uploading any material that infringes on copyrights, trademarks, or other intellectual property or privacy rights.
  
  
• Post defamatory, obscene, offensive, pornographic, hateful, or inflammatory content. Avoid sharing material that encourages criminal activity, dangerous acts, or self-harm. Do not upload content meant to provoke, antagonize, harass, harm, hurt, scare, distress, embarrass, or upset others, including trolling and bullying. Refrain from posting threats of any kind, including physical violence, or any racist or discriminatory content based on race, religion, age, gender, disability, or sexuality. Do not provide answers, responses, comments, opinions, analysis, or recommendations that you are not properly licensed or qualified to give. Lastly, do not upload material that, in our sole judgment, is objectionable, restricts or inhibits others from using the Services, or exposes loomyAI, the Services, or its users to harm or liability.
  
  
• At loomyAI, we support all forms of artistic expression, including tasteful and artistic nude content. However, to maintain a respectful and safe community, we have specific guidelines to prevent misuse of this feature. Users must ensure that all content, especially those involving nudity, is consensually produced and distributed. Visual Artists and other content creators must have explicit consent from any individuals visible in the content, regardless of their ownership of the copyright. Users are responsible for ensuring their content respects the privacy and dignity of all subjects involved, and consent must be documented and provided upon request. Any content that is exploitative, non-consensual, or abusive will not be tolerated. All content must adhere to loomyAI's community guidelines. Any content reported for violating these guidelines will be reviewed and may be removed at our discretion, including content that may cause harm, distress, or discomfort to other users. loomyAI reserves the right to review and remove any content from public view if it is found to violate our guidelines or if we receive credible reports of misuse, ensuring the platform remains a safe space for all users.

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Additionally, it is imperative that your utilization of the Services consistently adheres to our Community Guidelines. 

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We reserve the right to remove or disable access to content at any time and without notice, at our discretion. This may happen if the content is found to be objectionable, violates these Terms or our Community Guidelines, or is harmful to the Services or our users. Our automated systems analyze content you upload, share, or interact with on the platform to offer personalized features like customized search results, tailored advertising, and spam and malware detection. This analysis occurs as content is sent, received, stored, or shared.

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Intellectual Property 

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We respect intellectual property rights and ask that you do the same. By accessing and using our Services, you agree not to infringe on any intellectual property rights. We reserve the right to block access to or terminate the accounts of any user who infringes or is alleged to infringe on copyrights or other intellectual property rights, with or without notice, at our sole discretion.

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Content

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A. loomyAI Content

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All content on the Services, including software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and the overall “look and feel” of the Services, along with all related intellectual property rights (collectively, "loomyAI Content"), are owned or licensed by loomyAI. Any use of loomyAI Content or materials on the Services not expressly permitted by these Terms is strictly prohibited. This content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose without prior written consent from us or, where applicable, our licensors. All rights not expressly granted are reserved by loomyAI and its licensors.

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You acknowledge and agree that loomyAI may generate revenue, increase goodwill, or otherwise benefit from your use of the Services, including through advertising, sponsorships, promotions, and usage data. Unless expressly permitted by these Terms or another agreement with us, you have no right to share in any such revenue, goodwill, or value. You further acknowledge that, unless expressly permitted by us, you have no right to receive any income or other consideration from any User Generated Content (as defined below) or from your use of any musical works, sound recordings, or audiovisual clips available through the Services. Additionally, you are prohibited from monetizing any User Generated Content within the Services or on any third-party platform (e.g., you cannot claim User Generated Content uploaded to YouTube or Instagram for monetization).

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Subject to these Terms, you are granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable, worldwide license to access and use the Services, including downloading the Platform on a permitted device and accessing loomyAI Content for personal, non-commercial use in compliance with these Terms. loomyAI reserves all rights not expressly granted herein. This license can be terminated by loomyAI at any time for any reason.

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You acknowledge and agree that viewing content provided by others on the Services is at your own risk. The content on our Services is for general information only and is not intended as advice on which you should rely. You should obtain professional or specialist advice before taking or refraining from any action based on content from our Services.

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We make no representations, warranties, or guarantees, whether express or implied, that any loomyAI Content (including User Generated Content) is accurate, complete, or up-to-date. Where our Services contain links to other sites and resources provided by third parties, these links are for your information only and do not constitute an endorsement. We have no control over the contents of those sites or resources and accept no responsibility for them. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you or other users on the Services.

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B. User-Generated Content

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Users of the Services may upload, post, transmit, or otherwise make available content through the Services, including text, photos, videos, sound recordings, and music ("User Generated Content"). This content can include locally stored sound recordings from your personal music library and ambient noise. Users can also extract and remix User Generated Content created by others to produce collaborative works, adding music, graphics, stickers, and other elements provided by loomyAI ("loomyAI Elements"). We do not verify or approve User Generated Content, including those with loomyAI Elements, and the views expressed by users do not represent our views or values.

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When you use features that allow you to upload or transmit User Generated Content through the Services or third-party platforms like Instagram, Facebook, YouTube, or X, you must comply with our "Access and Use of Our Services" standards. If you choose to share your User Generated Content on third-party sites, you must also follow their content guidelines.

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You warrant that your contributions comply with these standards and will indemnify us for any breaches of this warranty. User Generated Content is considered non-confidential and non-proprietary. Do not post content you consider confidential or proprietary. By submitting User Generated Content, you confirm that you own the content or have all necessary permissions to submit it and allow its use as outlined in these Terms.

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If you only own rights to a sound recording but not the underlying musical work, you must have all necessary permissions before posting it to the Services.

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By submitting User Generated Content, you grant us an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide license to use, modify, adapt, reproduce, create derivative works of, publish, transmit, and distribute your content in any format and on any platform. This license extends to other users and third parties who access or use your content through the Services.

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You also grant us the right to use your username, image, voice, and likeness to identify you as the source of your User Generated Content.

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The rights you grant include reproducing and publicly performing sound recordings and the musical works embodied in them on a royalty-free basis. This means we can use your content without paying royalties to any third party.

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If you are a composer or author affiliated with a performing rights organization (PRO), you must notify them of the royalty-free license granted to us in your User Generated Content. If your rights are assigned to a music publisher, you must obtain their consent or have them enter into these Terms with us. Recording artists under contract with a record label must ensure their use of the Services complies with their contractual obligations.

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The rights you grant are provided on a through-to-the-audience basis, meaning third-party services will not have separate liability for User Generated Content posted through the Services.

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By posting User Generated Content, you waive any rights to inspect or approve any marketing or promotional materials related to such content. You also waive any privacy or publicity rights associated with your content. To the extent moral rights are not transferable, you agree never to assert them in connection with your User Generated Content.

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We may disclose your identity to any third party claiming that your User Generated Content violates their intellectual property rights or privacy.

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We reserve the right to edit, remove, or refuse to publish your content at our discretion. We may also remove or block content that violates these Terms or in response to complaints, without liability to you. We recommend saving copies of your content on your personal devices to ensure permanent access.

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We do not guarantee the accuracy, integrity, or quality of any User Generated Content and are not liable for any content submitted by users.

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If you find inappropriate content, report it to us. loomyAI takes reasonable measures to remove infringing material from our Services and may disable or terminate accounts of repeat infringers.

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Feedback Terms

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We value your ideas and suggestions as they help us improve our products and services. When you share your thoughts with us, whether it's about new features, modifications, or any other feedback (collectively "Feedback"), please understand the following terms apply to avoid any misunderstandings:

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i. loomyAI is not obligated to review, consider, or implement your Feedback, nor are we required to return any Feedback to you.

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ii. Any Feedback you provide is considered non-confidential, and we have no obligation to keep it confidential or to refrain from using or disclosing it in any way.

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iii. By submitting Feedback, you grant us a perpetual, irrevocable, unlimited, non-exclusive, royalty-free, fully transferable, worldwide license to use, modify, reproduce, distribute, create derivative works from, publicly display, and otherwise exploit the Feedback for any purpose, without any restriction or need for attribution. This includes using Feedback to develop and promote products and services.

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iv. You acknowledge that loomyAI may already be aware of the ideas contained in your Feedback, may have developed similar ideas independently, or may have obtained them from other sources.

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v. You confirm that your Feedback does not include any confidential or proprietary information of third parties and that you have the necessary rights to share it with us.

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vi. You agree that you will not seek compensation or reimbursement for providing Feedback and release loomyAI from any claims or liabilities related to the Feedback.

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By submitting your Feedback, you help us continue to innovate and improve, and we appreciate your contributions while ensuring clarity and mutual understanding in our collaboration.

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Indemnity

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You agree to defend, indemnify, and hold harmless loomyAI, its parent companies, subsidiaries, affiliates, and each of their respective officers, directors, employees, agents, and advisors from any and all claims, liabilities, costs, and expenses, including attorneys’ fees, that arise from any breach by you or any user of your account of these Terms, or from a breach of your obligations, representations, and warranties under these Terms.

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Disclaimer of Warranties

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Nothing in these Terms affects any statutory rights that you, as a consumer, cannot legally agree to change or waive.

The Services are provided "as is" without any warranties or representations from us. In particular, we do not guarantee that:

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• The Services will meet your specific needs.
• The Services will be uninterrupted, timely, secure, or error-free.
• The information you obtain through the Services will be accurate or reliable.
• Any defects in the software provided will be fixed.
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No conditions, warranties, or other terms (including any implied terms of satisfactory quality, fitness for a particular purpose, or conformance with description) apply to the Services unless explicitly stated in these Terms. We reserve the right to modify, suspend, withdraw, or restrict the availability of all or any part of our platform for business and operational reasons at any time without notice.

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Limits of Our Liability

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Nothing in these Terms excludes or limits our liability where it is unlawful to do so. This includes liability for death or personal injury caused by our negligence or that of our employees, agents, or subcontractors, as well as for fraud or fraudulent misrepresentation.

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Subject to the above, we are not liable for:

(i) any loss of profit (whether direct or indirect); (ii) any loss of goodwill; (iii) any loss of opportunity; (iv) any loss of data you may suffer; or (v) any indirect or consequential losses you may incur. Any other loss is limited to the amount you paid to loomyAI within the last 12 months.

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We are not responsible for any loss or damage resulting from:

• your reliance on the completeness, accuracy, or existence of any advertising, or any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Service;
• any changes we make to the Services or any permanent or temporary cessation of the Services (or any features within the Services);
• the deletion, corruption, or failure to store any content and other communications data maintained or transmitted by or through your use of the Services;
• your failure to provide us with accurate account information; or
• your failure to keep your password or account details secure and confidential.
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Please note, our Platform is provided for domestic and private use only. You agree not to use our Platform for any commercial or business purposes, and we are not liable for any loss of profit, business, goodwill or reputation, business interruption, or business opportunity.

If defective digital content we have supplied damages your device or digital content and this is caused by our failure to use reasonable care and skill, we will repair the damage or compensate you. However, we are not liable for damage you could have avoided by following our advice to apply an update offered to you free of charge, or for damage caused by you failing to follow installation instructions or to have in place the minimum system requirements advised by us.

These limitations apply regardless of whether we have been advised of or should have been aware of the possibility of such losses.

You are responsible for any mobile charges incurred from your use of our Service, including text messaging and data charges. Check with your service provider if you are unsure about what these charges may be before using the Service.

To the fullest extent permitted by law, any dispute you have with any third party arising out of your use of the Services is directly between you and the third party. This includes, but is not limited to, disputes with carriers, copyright owners, or other users. You irrevocably release us and our affiliates from any and all claims, demands, and damages of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

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Other Terms

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a. Informal Resolution: To expedite resolution and control costs, both parties agree to attempt informal negotiations for at least thirty (30) days before initiating arbitration for any dispute related to these Legal Terms. Informal negotiations begin upon written notice from one party to the other.

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b. Applicable Law and Jurisdiction: These Terms, their subject matter, and their formation are governed by the laws of India. Any dispute arising out of or related to this contract shall be resolved by arbitration administered by the India International Arbitration Centre (“IIAC”) in accordance with its regulations. The seat of arbitration shall be [New Delhi, India], with a tribunal of three (3) arbitrators. The language of the arbitration shall be English.

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c. Open Source: The Platform includes certain open-source software. Each item of open-source software is subject to its own applicable license terms, which can be found in the Open Source Software Notices.

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d. Entire Agreement: These Terms (including the Supplemental Terms below) constitute the complete legal agreement between you and loomyAI regarding your use of the Services, replacing any prior agreements between you and loomyAI.

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e. Links: You may link to our home page if it is done fairly and legally without damaging our reputation or taking advantage of it. Do not establish a link suggesting any form of association, approval, or endorsement by us where none exists. You must not link to our Services from a website not owned by you. The linking website must comply with the content standards set out in “Access and Use of Our Services” We reserve the right to withdraw linking permission without notice.

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f. Age Limit: The Services are intended for users aged 16 and over. By using the Services, you confirm that you meet this age requirement. If we learn that someone under 16 is using the Services, we will terminate their account.

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g. No Waiver: Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other right.

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h. Security: We do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology to access our Services and should use your own virus protection software.

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i. Severability: If any provision of these Terms is deemed invalid by a court, that provision will be removed without affecting the validity of the remaining Terms, which will remain in full force and effect.

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j. Got Questions? Contact us at report@loomyai.com 

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Supplemental Terms – App Stores

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The following additional terms will be applicable when accessing the Platform through specific devices, to the extent allowed by relevant laws.

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Notice regarding Apple.

• These Terms between loomyAI and you; Apple is not a party to these Terms.
  
  
• The license granted to you hereunder is limited to a personal, limited, non-exclusive, non-transferable right to install the Platform on the Apple device(s) authorized by Apple that you own or control for personal, non-commercial use, subject to the Usage Rules outlined in Apple’s App Store Terms of Services.
  
  
• Apple is not responsible for the Platform or the content thereof and has no obligation whatsoever to furnish any maintenance or support services concerning the Platform.
  
  
• In the event of any failure of the Platform to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Platform, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever concerning the Platform.
  
  
• Apple is not responsible for addressing any claims by you or a third party relating to the Platform or your possession or use of the Platform, including without limitation (a) product liability claims; (b) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
  
  
• In the event of any third party claim that the Platform or your possession and use of the Platform infringes such third party’s intellectual property rights, Apple is not responsible for the investigation, defense, settlement, or discharge of such intellectual property infringement claim.
  
  
• You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
  
  
• Apple and its subsidiaries are third-party beneficiaries of these Terms and upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary hereof.
  
  
• loomyAI expressly authorizes the use of the Platform by multiple users through Family Sharing or any similar functionality provided by Apple.

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