Terms & Conditions
Introduction
These Terms of Use (the “Terms”) describe the terms and conditions that apply to your access and use of our website located at www.Cloopp.com (the “Site”), and the products, services, information, tools, and features located on the Site (collectively, the “Services”), as owned and operated by Cloopp Inc., a Delaware corporation (“Cloopp”, “we”, “us”, or “our”).
Hello
Welcome to the Cloopp Terms of Use. In these boxes, you will find a summary version of the Terms of Use to help you better understand the terms and conditions of our agreement with you. Please read the actual Terms of Use in addition to the summary boxes.
Accepting the Terms
When you use or access our Services, you agree to all terms and conditions contained in this agreement. This agreement applies to all visitors and account holders on our Services, including any individuals that are helping someone access or use our Services. We may make changes to this agreement at any time and we will notify you when we make major changes, but you should also always check the date these terms were “Last Modified” at the top of the agreement.
- Your Acceptance. By visiting the Site or using the Services, you agree to be bound by these Terms and Cloopp’s Privacy Policy. These Terms, including any policies incorporated herein, constitute your agreement with Cloopp. If you have been authorized to and are helping another person use the Services, these Terms constitute a legally binding agreement between both the helper (a “Representative”), the person being helped, and Cloopp.
- How Not to Accept or Terminate the Services. Please do not access or use the Services if you do not accept the Terms. You can terminate this agreement at any time by contacting us and no longer accessing or using our Services.
- Changes to these Terms or our Services. Please note, Cloopp is always improving, expanding and growing its product and service offerings, and such changes or additions may be governed by different terms of service (please see the section below, “Modifications to Service”). In addition, Cloopp may choose to modify, replace, update or change (collectively, “amend”) the Terms from time to time without prior notice to you. Such amendments will become effective upon posting to the Site, via the Services, or by sending you an email or other notification. While we will do our best to inform you of updates to the Terms, it is your responsibility to check these Terms periodically for changes. By continuing to use the Services after the date on which the Terms have changed, you agree to accept all such amendments to the Terms.
1. Defined terms
“App“: the Cloopp smartphone application available for download on third party application stores such as App Store and Google Play.
“Commercial Use“: any commercial activity, including: (a) charging for access to the Service or Content or for the Service’s functionality or data directly or indirectly; (b) utilizing the Service in any commercial website or application or in support of any commercial for-profit activity, or in support of the operations of any for-profit business; and (c) emulating or framing the Service and passing it off as your own.
“Content“: images, maps, photos, video, audio, documents, edits, variations, layers, messages, polls, queries, posts, comments, signals, votes, ratings, rankings, and any other text, content, information or data, including Metadata, created, derived from or accessible through use of the Cloopp Solution, or otherwise made available by and to Cloopp Users, including any of the foregoing provided by a Cloopp User or by us.
“Cloopp“: a Delaware corporation. In these Terms, Cloopp is referred to by “us”, “we” or “our”, as applicable.
“Cloopp Solution“: the App, the Site and the Services.
“Cloopp User“: you and any other user of the Cloopp Solution.
“Metadata“: data and information associated with or related to Content, including numerical latitude or longitude or similar coordinates, imagery, data derived from within images (such as without limitation street signs, landmarks, building names, trademarks on litter etc.), and data generated by the capture of images (such as without limitation geolocation, time and date, network and system information, etc.).
“Non-Commercial Use“: any activity that is not Commercial Use, including personal, individualized use by a single person, and the use of a reasonable number of widgets in websites displaying Cloopp Content as an ancillary, and not as a primary, feature in accordance with our APIs usage policy. You may ask us whether a certain use is Non-Commercial Use through email sent to hello@getCloopp.com.
“Services“: the services, features, application programming interfaces (APIs), and functionality accessible through use of the Site and the App, including functionality for the provision, modification, display, and management of Content.
“Site“: www.Cloopp.com and any web pages that are a part of www.cloopp.kinsta.cloud.
“Terms“: these Terms of Use, the API Usage Policy, and Privacy Policy, as may be modified from time to time.
“You” or “your“: the individual using the Cloopp Solution, or clicking “accept” or “agree” where indicated, and thereby becoming bound by these Terms, and the company or other legal entity represented by such individual, or for whom such individual uses the Cloopp Solution, and all affiliates thereto.
2. Access and licensed rights
2.1 Cloopp Solution Access. Subject to your compliance with these Terms, we hereby grant to you, solely for your own Non-Commercial use access to the Cloopp Solution.
2.2 Commercial Use. You may not use the Cloopp Solution for any Commercial Use except as separately agreed between us in a signed writing. Other than for your Non-Commercial Use, or as otherwise permitted by the Outbound Terms, you may not use, sublicense, transfer, distribute, make derivative works of, or make available, the Service or Content. Such activity is not licensed or authorized under these Terms and if undertaken may result in pursuit of all available remedies for intellectual property rights (including copyright infringement), the availability of which you hereby acknowledge.
2.3 Cloopp User Licenses to Us. You and each Cloopp User hereby grant to us the perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sub-licensable, non-exclusive right and license to use, reproduce, modify, create derivative works of, perform, display and distribute without restriction (including through any medium) Content, in whole or in part, for commercial and non-commercial purposes, including (a) for purposes of providing, developing, improving, making available (including through public search engines), promoting and marketing the Cloopp Solution and (b) making available Cloopp User Content under the Outbound Terms. Further, you agree that we are free to use and implement in perpetuity without compensation, attribution or obligation to you any feedback, benchmarks, requirements, suggestions, criticisms, improvements, recommendations, ideas, and error corrections provided by you to us relating to the Cloopp Solution.
2.4 Reservation of Rights. No other right or license to the Cloopp Solution or Content is provided, and no other license will be implied, by course of conduct or otherwise. We grant no right or license with respect to our patents. Each Cloopp User retains all right, title and interest in and to such Cloopp User’s Content, and all associated intellectual property rights, subject to these Terms. Subject to these Terms, we retain all right, title and interest in and to the Cloopp Solution and our Content, and all associated intellectual property rights. Except as expressly authorized by these Terms, you will not use, reproduce, or distribute Content not authored by you. The user interface, user experience, icons, presentation layer and elements, terminology, gamification, reports, layouts, and screen displays of or generated by the Cloopp Solution are our copyrightable content, our trade dress and our trademarks and service marks, and will not be reproduced, distributed, or displayed except for your internal use and not for external use or exploitation if not agreed on with Cloopp.
3. Terms applicable to content
3.1 Specific Prohibited Uses. You will not (a) use the Cloopp Solution in a manner that gives you or any other person access to mass downloads or bulk feeds of any Content, including Metadata; (b) delete, obscure, or in any manner alter any message, warning or link that appears in the Cloopp Solution or the Content; (c) use the Cloopp Solution or Content in whole or in part with any products, systems, or applications for or in connection with (i) real-time navigation or route guidance, including but not limited to turn-by-turn route guidance that is synchronized to the position of a user’s sensor-enabled device; or (ii) any systems or functions for automatic or autonomous control of vehicle or device behavior; or (d) use the Cloopp Solution or Content to create a database of places or other local listings information, except as expressly permitted by us as described on the Site or in the app. Cloopp should not be used to scan items that are already connected to other deposit systems. Neither should Cloopp be used to scan items that are not applicable to any type of recycling locations available in the Cloopp solution.
3.2 Handling of Your Content. The App temporarily stores your Content in a manner such that deletion or malfunction of the App or malfunction of the Device on which the App is installed may result in the permanent deletion of your Content. Content is not uploaded and stored on our servers until the Content is uploaded through the upload mechanism in the App. Once your Content is uploaded, all Content locally stored on your device is deleted permanently. We may at any time filter, alter, modify, crop, or delete such Content in whole or in part before making it available on the Site and through the Service in our sole discretion, including in order to render the Content suitable for use on the Cloopp Solution. We are under no obligation to publicly display Content that is posted to private repositories, or that is hidden by election of the contributing Cloopp User.
3.3 Propriety of Content. All Content, whether publicly posted on or privately transmitted within private groups, is the sole responsibility of the Cloopp User from which such Content originated. No Cloopp User will transmit Content or otherwise conduct or participate in any activities on or through the Cloopp Solution which, in our sole judgment, is likely to be prohibited by law, or is violative or in breach of third-party rights in any applicable jurisdiction, including without limitation laws governing libel and defamation, encryption of software, the export of technology, the transmission of obscenity or the permissible uses of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content, or otherwise engage in any activity in connection with the Cloopp Solution, that (a) is hateful, offensive, libelous, defamatory, obscene, abusive, pornographic, lewd, erroneous, stalking, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; (c) constitutes infringement of the intellectual property rights of any party, including rights to the use of name and likeness, or violation of a right of privacy; (d) creates an impression that is incorrect, misleading, or deceptive, including without limitation by impersonating others or by otherwise misrepresenting identity or affiliation with a person or entity; or (e) divulges other people’s private or personally identifiable information without their express authorization and permission. You represent and warrant that all Content you submit is accurate and not misleading to the best of your knowledge, is not confidential or privileged, and is not in violation of third-party rights. We may, in our sole discretion, terminate the Services as to any Content that we believe in our sole judgment is not in compliance with these Terms. We may preserve and disclose Content if required to do so by law or judicial or governmental mandate or as reasonably determined useful by us to protect the rights, property or safety of Cloopp, Cloopp Users and/or the public.
3.4 Use of Content. Each Cloopp User, by using the Cloopp Solution, may be exposed to Content that is offensive, indecent, objectionable, illegal, infringing, false or erroneous. Each Cloopp User must evaluate, and will bear all risks associated with, the use of any Content, including any reliance on the quality, integrity, accuracy, completeness, or usefulness of such Content. We may refuse or delete any Content, including Content of which we become aware that fails to fulfill the purpose of the Services, is in breach of these Terms, is otherwise contrary to law, or is otherwise inappropriate in our discretion. We do not guarantee the accuracy, integrity or quality of either this or any other content. Under no circumstances are we responsible for any content that contains inaccuracies or omissions or for any loss or damage of any kind that has occurred as a result of the use of any content. For example, we do not take responsibility for any errors regarding the type of material that a user is recommended to sort their scanned packaging according to. We do not accept responsibility if the user improperly sorts their packaging. We will have no obligation or liability to you or any Cloopp User to maintain, store, or license Content, protect and maintain Content owners’ intellectual property rights, or to enforce these Terms. You hereby waive and release any claims you may have against us arising or resulting from use or misuse of Content or your inability to effectively use Content, your failure to comply with these Terms, or for any act, omission, or conduct of any Cloopp User. If you as a user of the Cloopp Solution, see Content that you consider inappropriate in any way, please inform us and identify how the Content in question fails to comply with these Terms by sending an e-mail to info@cloopp.kinsta.cloud and we will look in to the issue and delete any Content found in our discretion to be in conflict with these Terms.
3.5 Third Party Sites. The Cloopp Solution, Cloopp Users, or a third party may provide links to other websites or login access through such links. Such links will not be construed as an endorsement, sponsorship, or affiliation by us. We exercise no control over such other websites and web-based resources and are not responsible or liable for the availability thereof or the content, advertising, products or other materials thereon. We will not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection such other sites and resources.
4. Sign-on credentials
4.1 Sign-On Credentials. When creating an account, you will receive or will be permitted to create or use existing online user name and password information (“Sign-On Credentials”), and are wholly responsible for maintaining the confidentiality thereof and wholly liable for all activities occurring under such Sign-On Credentials. You will not transfer to any party your Sign-On Credentials, or use the Sign-On Credentials of another, without our prior written consent. You will immediately notify us at info@cloopp.kinsta.cloud of any unauthorized use of Sign-On Credentials or any other breach of security. We will not be liable for any loss or damage arising from a Cloopp User’s failure to comply with this section or from unauthorized use of the Sign-On Credentials.
4.2 Change of Username. We may require you, as a condition of membership, to change your username if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user’s actual name).
5. Site integrity
5.1 Prohibited Uses. You will not use the Cloopp Solution in any manner that could damage, disable, overburden, or impair any Cloopp-controlled server, or the network(s) connected to any such server, or interfere with any other party’s use and enjoyment of the Cloopp Solution, including without limitation falsifying or altering Content posted by others except through normal and intended operation of the Services. You may not attempt to gain unauthorized access to other accounts, computer systems or networks connected to any of our servers or to any of the Services, including through hacking, password mining or any other means, or exploit bugs or vulnerabilities in the Cloopp Solution. You are prohibited from violating or attempting to violate any security features of the Cloopp Solution, including, without limitation, (a) accessing Content not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Cloopp Solution, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with Services to any Cloopp User, user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”; (d) using the Site or Service to send unsolicited email or messages, including, without limitation, promotions, or advertisements for products or services; (e) publishing or linking to malicious Content intended to damage or disrupt another Cloopp User’s browser or computer or to compromise a Cloopp User’s privacy or anonymity; (f) forging any TCP/IP packet header or any part of the header information in any email or in any posting; (g) accessing or tampering with non-public areas of the Site or Service, our computer systems, or the technical delivery systems of our providers; (h) accessing or searching or attempting to access or search the Cloopp Solution by any means (automated or otherwise) other than through the currently available, published interfaces that are provided by us (and only pursuant to these Terms), unless you have been specifically allowed to do so in a separate agreement with us; (i) deep-linking to the Site for any purpose (ie, posting a link to a Site web page other than the home page) except as otherwise expressly permitted by us on the Site; (j) removing or obscuring any form of advertising or displayed through the Cloopp Solution; or (k) receive money that you have no legal right to. If any of the items in 5.1 are met, you can get a warning or shut down and legal action could be taken towards you.
5.2 No Harvesting or Crawling. You will not engage in harvesting or other collection of information about other Cloopp Users, including email addresses, without our prior and each such Cloopp User’s prior written consent. You agree not to “crawl” the Cloopp Solution or use or launch any automated system, including without limitation, “robots”, “spiders”, etc. that accesses the Cloopp Solution or pulls Content therefrom (other than those used by public search engine providers for the sole purpose of creating publicly available searchable indices. You also acknowledge that the breach or circumvention of any technical obstacle implemented by us to prevent actions as set out above in itself is not allowed.
5.3 No Framing. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services on the Site. The Site and Services are for your Non-Commercial Use only, except as may otherwise be agreed by us in a separate signed writing. Without limiting the generality of the foregoing, you will not publish, distribute or transmit to the general public through any medium, whether through print, online, or otherwise, the Content (other than your own) or Services, except through the Site or as otherwise authorized by these Terms or by us, you will not engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Cloopp Solution, and you will not send messages purporting to be from us. You will not remove or attempt to obscure any copyright, trademark or other proprietary rights notices contained in or on the Site or associated with the Services, including ours and our licensors.
5.4 Account Data. You acknowledge and agree that we may monitor and collect information in line with our privacy policy
5.5 Notifications to Us. If you believe that you are entitled or obligated to act contrary to these Terms under any mandatory or applicable law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least thirty days before you so act, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.
5.6 Notifications to You. For purposes of service messages and notices about the Services to you, we may place a banner notice across Site pages to alert you to certain changes such as modifications to these Terms. Alternatively, notice may consist of an email from us to an email address associated with your account, even if we have other contact information. You also agree that we may communicate with you in relation to your account and otherwise in relation to these Terms through your account or through other contact information you have provided to us, including email, mobile number, telephone, or delivery services including the postal service. You acknowledge and agree that we will have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
5.7 Network Security Risks. Because no online system is perfectly secure or reliable, the internet is an inherently insecure medium, and the reliability of hosting services, internet intermediaries, your internet service provider, and other service providers cannot be assured, you accept security risks associated with or arising from your use of the Cloopp Solution, and the responsibility for choosing to use a technology that does not provide perfect security or reliability.
6. Disclaimer of Warranties, Limitation of Liability and Indemnification
6.1 Disclamer. EACH CLOOPP USER’S USE OF THE CLOOPP SOLUTION AND CONTENT IS AT HIS OR HER SOLE RISK. THE CLOOPP SOLUTION AND CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WE ASSUME NO RESPONSIBILITY FOR THE ACCURACY, CURRENCY, TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE OR DISPLAY ANY CONTENT, CLOOPP USER COMMUNICATIONS, PERSONALIZATION SETTINGS, OR OTHER INFORMATION OR DATA. EACH CLOOPP USER IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS OR HER COMPUTER SYSTEM AND WE WILL HAVE NO LIABILITY FOR ANY LOSS OF PROFIT, OPPORTUNITY, REVENUE, ADVANTAGE, INFORMATION OR DATA THAT RESULTS FROM USE OF THE CLOOPP SOLUTION OR CONTENT. TO THE MAXIMUM EXTENT POSSIBLE UNDER APPLICABLE LAW, 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, TITLE AND NON-INFRINGEMENT. Specifically, we make no warranty that (a) the Cloopp Solution or Content will meet your requirements, goals or needs, (b) Cloopp Solution or Content access will be uninterrupted, timely, secure or error-free, or (c) any errors or deficiencies in the Cloopp Solution or Content will be corrected. Further, scheduled and preventive maintenance, required and emergency maintenance work, or disruption of services from internet service and hosting providers, may interrupt the functioning of or access to the Cloopp Solution.
6.2 Liability Limitation. EXCLUDING ONLY DAMAGES ARISING OUT OF OUR LIABILITY FOR OUR FRAUD, DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, OR ANY OTHER LOSS FOR WHICH WE CANNOT LAWFULLY EXCLUDE LIABILITY, WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF REVENUE, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OF OR INABILITY TO USE THE CLOOPP SOLUTION AND ANY CONTENT; THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; UNAUTHORIZED DISPLAY, ACCESS TO OR DELETION OR ALTERATION OF CONTENT, INFORMATION OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY; OR ANY OTHER MATTER RELATING TO US, THE CONTENT OR THE CLOOPP SOLUTION. EXCLUDING ONLY OUR LIABILITY FOR OUR FRAUD, DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, OR ANY OTHER LOSS FOR WHICH WE CANNOT LAWFULLY LIMIT LIABILITY, ANY LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED IN THE AGGREGATE TO THE GREATER OF $10 OR ALL AMOUNTS PAID BY YOU TO US DURING THE TWELVE-MONTH PERIOD PRECEDING THE OCCURRENCE OF THE CLAIM OR INCIDENT. The foregoing limitations and exclusions apply to the maximum extent permitted by applicable law.
6.3 Indemnification. You agree to defend, indemnify, release and hold harmless us, our suppliers, and all officers, directors, employees, consultants, agents, and representatives of any of the foregoing (collectively “Protected Parties”) in full from and against any and all claims (including third party claims), losses, liability, damages, and/or costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with: (a) your unauthorized access to or use of, the Cloopp Solution or Content, (b) your breach of these Terms, (c) your use of Content or conduct engendered thereby, and any activities you conduct on or through the Cloopp Solution, or (d) your infringement, or infringement by any other user of your account, of any intellectual property rights or other rights of any person or entity. Further, in the event you have a dispute with one or more Cloopp Users, you hereby release the Protected Parties from claims, demands and damages (actual, direct and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, foreseeable and unforeseeable, arising out of or in any way connected with such disputes.
FOR CALIFORNIA, USA RESIDENTS: You further agree that these Terms waive and release any claims that would otherwise be preserved by operation of section 1542 of the California Civil Code, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” You understand that you are releasing us from all claims, whether known or unknown to you, and whether or not you suspect that those claims may exist at this time.
7. General provisions
7.1 Force Majeure. Except for obligations to pay money hereunder, no delay, failure or omission by either party to carry out or observe any of its obligations hereunder will give rise to any claim against such party or be deemed to be a breach of this Agreement if and for as long as such failure or omission arises from any cause beyond the reasonable control of that party.
7.2 Service Discontinuance/Modification. We may from time to time modify or discontinue access to, temporarily or permanently, the Service (or any part, feature, or functionality thereof, as well as internal rules of operation, eligibility, pricing, gamification, visibility to or accessibility of the public, and other aspects). We will not be liable for any such modification, suspension or discontinuance, even if certain features or functions, your settings, and/or any Content you have contributed or have come to rely on, are permanently lost.
7.3 Account Termination. Each user is permitted to have only one Cloopp account. Engaging in any form of cheating will result in account termination. We reserve the right to terminate your account or any other Cloopp user’s account for various reasons, including but not limited to:
(a) Violation of these Terms;
(b) Abuse of Cloopp resources or unauthorized attempts to gain access to the Cloopp Solution;
(c) Use of the Site or any Service in a manner that contradicts the intended purpose of the Services;
(d) A user’s explicit request for termination; or
(e) Failure to comply with applicable laws, regulations, court or governing agency orders, or ethical requirements.
Examples of violation can be, but are not limited to:
- Using multiple Cloopp accounts on one device
- Scanning packages in a store
- Scanning packaging in an unreasonable volume in relation to the product’s lifespan
- Scanning packaging in an unreasonable volume in relation to a normal household usage
Additionally, we reserve the right to terminate the availability of the Cloopp Solution for our own business reasons, such as discontinuing our provision of the service. Termination of any Cloopp user’s access to the Cloopp Solution may occur without prior notice. In such cases, we may promptly deactivate or delete the user’s account and associated content, as well as restrict any further access to the Site and Services. We shall not be held liable for any termination of a user’s access to the Site or Services. If a user believes that cheating did not occur, it is their responsibility to provide evidence supporting their claim. Following account termination, you are prohibited from attempting to register a new account without obtaining our explicit permission.
7.4 Account Deactivation. You may deactivate your account any time. Deactivation is your sole means of terminating your account.
7.5 US Government Restricted Rights. Services are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in applicable laws and regulations. Use of the Services and related materials by the U.S. Government constitutes acknowledgment of our proprietary rights.
7.6 Trademarks. You are granted no right, title or license to any third party trademarks by these Terms, or to any of our trademarks or servicemarks. We reserve all right, title and interest in and to our trademarks, servicemarks, trade names, trade dress, domain names, and similar identifiers, including without limitation Cloopp TM.
7.7 US DMCA. If you believe that your work has been copied and is accessible through the Cloopp Solution in a way that constitutes copyright infringement in the United States, you may notify us by providing our copyright agent with the following in writing: (a) identification of the copyrighted work that you claim has been infringed; (b) identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material; (c) your name, address, telephone number, and email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (e) a statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf. The above writing must be electronically or physically signed by you. If we receive such a claim, we may refuse or delete Content, or terminate a Cloopp User’s account in accordance with these Terms. Our designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act of 1998 can be contacted through info@cloopp.kinsta.cloud.
7.8 Governing Law. These Terms, the Cloopp Solution, Content, and any disputes related to or concerning any of the foregoing (including tort as well as contract claims, and whether pre-contractual or extra-contractual), will be governed by and settled in accordance with the laws of Sweden, notwithstanding the choice of laws rules of any jurisdiction to the contrary. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms, the Cloopp Solution, or Content, must be filed within one year after such claim or cause of action arose, or be forever barred.
7.9 Dispute Resolution. You and Cloopp agree to resolve any dispute arising out of or in connection with this Agreement through informal negotiations foremost. If such negotiations are not successful, the dispute shall be finally settled by the Delaware courts as first instance, without prejudice to your right of recourse to other courts under applicable law to resolve any dispute, claim or controversy that arises out of or in connection with these Agreements.
7.10 Assignment. These Terms will not be assigned, delegated, or transferred by you, in whole or in part, whether voluntary, involuntary, by merger, consolidation, dissolution, sale of assets, or otherwise, without our prior written consent. Any such purported assignment, delegation or transfer without such written consent will be void. We may at any time assign these Terms without prior consent or notice. These Terms will be binding on, and inure to the benefit of, the parties and their respective and permitted successors and assigns.
7.11 Injunctive Relief. You acknowledge and agree that breach of these Terms, or any unauthorized use, disclosure or distribution of the Cloopp Solution or Content, may cause irreparable harm to us, the extent of which would be difficult to ascertain, and that we will be entitled to seek immediate injunctive relief (in addition to any other available remedies), in any court of competent jurisdiction under the applicable laws thereto.
7.12 Sweden-Based Site. The Cloopp Solution is controlled from Cloopp’s offices located in the United States. This indicates that Cloopp operates and manages the solution from the United States.
7.13 General. The Terms constitute the entire agreement between us and govern each Cloopp User’s use of the Cloopp Solution, superseding any prior agreements. Each Cloopp User may be subject to additional terms and conditions that may apply when that Cloopp User uses affiliate services, third party content or third party software. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. No waiver of any provision of these Terms will be deemed a further waiver or continuing waiver or such provision or any other provision, and our failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision. Nothing herein will be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between us and any user or other person or entity, nor do these terms extend rights to any third party. The parties hereto confirm that they have requested that these Terms and all attachments and related documents, if any, be drafted in English.
8. Cloopp points and rewards
8.1 Cloopp Points. Cloopp points have no monetary value and may not be transferred, sold or exchanged except at Cloopp’s discretion. Users are responsible for all tax obligations related to redeeming Cloopp Points for Rewards.
Points, redeemed value, checks and offers are valid in the calendar year they are earned + another six months (unless otherwise stated on the respective offer). We do clearing after July 1st every year.
Furthermore, points, vouchers, money and offers are subject to expiration if the Cloopp app remains unused for a continuous period of 6 months. The act of using the app is defined as opening it. Cloopp reserves the right to modify the aforementioned conditions if necessary. Such modifications may include alterations to the rules governing the acquisition and utilization of points, as well as the implications for new and previously acquired points, or adjustments to transaction limits. In addition, the transaction limit will be reset in the event of 6 months of app inactivity. Any attained levels or rankings within the app may also be downgraded or reset to zero based on the level of user activity.
Thank you for reading our terms of use. We hope you enjoy using Cloopp.