Loonwa

Please read these Terms of Service (“Terms”) carefully before using our website located at loonwa.com or our mobile application (collectively, the “Services”) operated by Neight Studios, LLC (“we,” “us,” or “our”).

By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Services. These Terms apply to all visitors, users, and others who access or use the Services.

Agreement to Terms
Eligibility
User Accounts
Acceptable Use
Intellectual Property
User-Generated Content
AI-Powered Features
Subscriptions and Payments
Cancellation and Refunds
Third-Party Services and Links
Disclaimer of Warranties
Limitation of Liability
Indemnification
Termination
Governing Law and Dispute Resolution
Changes to Terms
Contact Us

1. Agreement to Terms

By creating an account or using our Services in any way, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated into these Terms by reference.

If you are using the Services on behalf of an organization or entity, you represent and warrant that you have the authority to bind that organization to these Terms. In that case, “you” and “your” will refer to that organization.

2. Eligibility

You must be at least 18 years of age, or the age of majority in your jurisdiction (whichever is greater), to use our Services. By using our Services, you represent and warrant that you meet this requirement.

If you are a parent or legal guardian and you provide consent for your minor child to use the Services, you agree to be bound by these Terms on behalf of your minor child and are responsible for your child's use of the Services.

We reserve the right to refuse access to the Services to any person or entity, and to change our eligibility criteria at any time, in our sole discretion.

3. User Accounts

Account Creation

To access certain features of the Services, you must create an account. When you create an account, you agree to provide accurate, current, and complete information and to update that information as necessary to keep it accurate, current, and complete.

Account Security

You are responsible for safeguarding the password or credentials that you use to access your account and for any activities or actions taken under your account, whether or not you have authorized those activities or actions.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account at support@loonwa.com.

Account Termination by You

You may delete your account at any time through your account settings or by contacting us. Upon deletion, your right to use the Services will immediately cease. We may retain certain information as required by law or as set out in our Privacy Policy.

4. Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:

In any way that violates any applicable local, national, or international law or regulation
To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material (spam)
To impersonate or attempt to impersonate us, one of our employees, another user, or any other person or entity
To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm us or users of the Services or expose them to liability
To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services
To use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party's use of the Services
To use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services, without our prior written consent
To use the Services to collect or harvest any personally identifiable information from other users without their consent
To use the Services for any commercial solicitation purposes without our prior written consent

We reserve the right to terminate your access to the Services for any violation of these acceptable use provisions.

5. Intellectual Property

Our Intellectual Property

The Services and all content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such material and are protected by applicable copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services without our prior written consent.

Trademarks

Our name, logo, and all related names, logos, product and service names, designs, and slogans are our trademarks or those of our affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

Feedback

If you provide us with any feedback, suggestions, or ideas regarding the Services (“Feedback”), you hereby grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Feedback worldwide in any media.

6. User-Generated Content

Our Services may allow you to post, submit, publish, display, or transmit content such as text, data, or other materials (“User Content”). You retain ownership of any intellectual property rights that you hold in that User Content.

By submitting User Content to the Services, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, distribute, and display that User Content solely for the purposes of operating and improving the Services.

You represent and warrant that:

You own or control all rights in and to your User Content and have the right to grant the license above
Your User Content does not violate any applicable law or regulation
Your User Content is not defamatory, obscene, abusive, offensive, or otherwise objectionable
Your User Content does not infringe any intellectual property rights of any third party

We have the right to remove any User Content from the Services at our sole discretion and without prior notice.

7. AI-Powered Features

Our Services incorporate artificial intelligence (“AI”) features that generate suggestions, plans, reminders, and other content to assist you. By using these features, you acknowledge and agree to the following:

Not professional advice. AI-generated content is for informational and personal planning purposes only. It does not constitute medical, psychological, therapeutic, or any other professional advice. Always consult a qualified professional before making decisions based on AI-generated content.
Accuracy not guaranteed. AI-generated outputs may be incomplete, inaccurate, or outdated. We make no representations or warranties about the accuracy, reliability, or completeness of any AI-generated content.
Your responsibility. You are solely responsible for evaluating and acting upon any AI-generated content. We are not liable for any outcomes arising from your reliance on such content.
Third-party AI providers. We use third-party AI service providers to power these features. Your data may be processed by these providers in accordance with their terms and our Privacy Policy.
Prohibited inputs. You must not submit any content to AI features that is unlawful, harmful, harassing, defamatory, or that infringes any third-party rights.

8. Subscriptions and Payments

Paid Plans

Some parts of the Services are offered on a subscription basis (“Subscription”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). At the end of each Billing Cycle, your Subscription will automatically renew under the same conditions unless you cancel it or we cancel it.

Payment Processing

All payments are processed through Stripe. By providing your payment information, you authorize us to charge the applicable fees to your payment method. You represent and warrant that the payment information you provide is accurate and that you are authorized to use the payment method.

Price Changes

We reserve the right to modify our subscription fees at any time. We will provide reasonable notice of any price changes by posting the new prices on the Services or by sending you an email notification. If you do not agree to the price change, you may cancel your Subscription before the change takes effect.

Taxes

You are responsible for all applicable taxes associated with your Subscription. Where required by law, we will collect applicable taxes in addition to the subscription fee.

9. Cancellation and Refunds

Cancellation

You may cancel your Subscription at any time through your account settings or by contacting us at support@loonwa.com. Your cancellation will take effect at the end of the current Billing Cycle, and you will continue to have access to the Services until then.

Refunds

All fees paid are non-refundable except as required by applicable law or as otherwise specified in these Terms. We may issue refunds at our sole discretion on a case-by-case basis.

If you believe you have been charged in error, please contact us at support@loonwa.com within 30 days of the charge.

10. Third-Party Services and Links

Our Services may contain links to third-party websites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities or their websites.

We use third-party providers to deliver parts of the Services, including payment processing (Stripe) and AI capabilities. Your use of these integrated third-party services is subject to their respective terms of service and privacy policies.

You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.

11. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

The Services will be uninterrupted, timely, secure, or error-free
The results that may be obtained from the use of the Services will be accurate or reliable
Any errors in the Services will be corrected
The Services or the servers that make them available are free of viruses or other harmful components

Your use of the Services is at your sole risk. Some jurisdictions do not allow the exclusion of certain warranties, so the above exclusions may not apply to you.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

Your access to or use of (or inability to access or use) the Services
Any conduct or content of any third party on the Services
Any content obtained from the Services, including AI-generated content
Unauthorized access, use, or alteration of your transmissions or content

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM OR (B) ONE HUNDRED DOLLARS (USD $100).

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation may not apply to you.

13. Indemnification

You agree to defend, indemnify, and hold harmless us and our affiliates, licensors, and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including but not limited to your User Content, your use of any AI-powered features, any use of the Services' content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Services.

14. Termination

We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms.

Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services or delete your account through your account settings.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

15. Governing Law and Dispute Resolution

Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Informal Resolution

Before filing a claim against us, you agree to try to resolve the dispute informally by contacting us at support@loonwa.com. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you or we may bring a formal proceeding.

Arbitration

Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in [City, State], using the English language in accordance with the Arbitration Rules and Procedures of JAMS then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator's award shall be final and binding.

Class Action Waiver

YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

16. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect by posting the updated Terms on this page and updating the “Last updated” date at the top.

What constitutes a material change will be determined at our sole discretion. In some cases, we may also notify you via email or through a prominent notice within the Services.

By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, in whole or in part, please stop using the Services.

17. Contact Us

If you have any questions about these Terms, please contact us:support@loonwa.com

By using our Services, you acknowledge that you have read and understood these Terms of Service and agree to be bound by them. These Terms constitute the entire agreement between you and us regarding your use of the Services and supersede any prior agreements between you and us relating to the Services.

Terms of Service

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