General business terms and conditions of Loop.gl

  1. DEFINITION OF TERMS AND ABBREVIATIONS
    1. LOOP.gl – the innovative sharing and collaboration platform service and application provided by the Provider on the Website as described in this T&C.
    2. Provider – company GREEN LIGHT VISION LTD with registered office at 15 Stopher House, Webber Street, London, SE10RE, Reg. No.08163137, registered in The Registrar of Companies for England and Wales and/or Green Light Solutions s.r.o. , corporate ID No. 24662828 , with its registered office at BB C - Delta, Vyskočilova 1561/4A, 140 00 Prague 4 ,registered in the Commercial Register of the Municipal Court in Prague, File No. C 164322, registered in the Czech Republic.
    3. Website – website accessible on the link http://LOOP.gl domain providing interface for the LOOP.gl.
    4. T&C – These Terms & Conditions contain general terms and conditions applicable for and governing the use of LOOP.gl by User(s). Each and every User is encouraged to get acquainted with T&C in detail. By commencing any use of LOOP.gl services every User accepts and acknowledges T&C and confirms their unconditional and full acceptance.
    5. User – natural person of age of 18 years or more, and/or corporation using the LOOP.gl by uploading the Files on the LOOP.gl, creating a Conversation, participating in Conversations and distributing Links to other persons. To access LOOP.gl and to use the LOOP.gl the User must register for the LOOP.gl Free Account by provision of full name and valid e-mail address. The term User may also include both the user of Plus Plan and Pro Plan of LOOP.gl services as defined below.
    6. Fee – the monthly or yearly fee for Plus Plan and Pro Plan of LOOP.gl services provided to Users.
    7. Consumer – User who is a natural person and not an entrepreneur and who is using LOOP.gl for other purposes (usually private) than business purposes.
    8. Author of the Conversation – User who has started the Conversation, who receives the Link and decides on the distribution of the Link, who appoints and removes Collaborators and who can also delete the Conversation.
    9. Recipient – Third person who received the Link and can view the Conversation, preview or download Files but cannot upload Files or post replies, comments or interact with the Conversation in any way. To interact with the Conversation, the Recipient must become the Collaborator by registering to LOOP.gl Free Account and replying in the Conversation.
    10. Collaborator – User who can participate and interact with the Conversation, mainly by posting replies, comments and by upload of Files to the Conversation. The Collaborator also receives notifications on updates in the Conversation.
    11. Personal storage space – Each User has a personal storage space in which all Conversations started by the User are saved. The size of the personal storage space depends on the plan of LOOP.gl service. Each Conversation including any replies are stored in personal storage space of the Author of the Conversation irrespective if the reply has been uploaded by the Author of the Conversation or by any Collaborator.
    12. Conversation – the term referencing any number of Files uploaded by Author of the Conversation at one time, including all subsequent uploaded replies, notes, comments and Files related to such Conversation either uploaded by the Author of the Conversation or Collaborators, and for which the link is provided to the Author of the Conversation in order to distribute to Recipients or Collaborators or which is distributed by LOOP.gl to e-mail addresses of Recipients or Collaborators specified by the Author of the Conversation.
    13. File – one file of any format uploaded to any Conversation created in LOOP.gl
    14. Link – address of the Conversation on LOOP.gl, that specifies unique identification of the Conversation.
  2. Preamble
    1. These T&C apply to all legal relations between the Provider and each and every User in connection with any utilisation of LOOP.gl service. User agrees and acknowledges that by using the LOOP.gl, the User enters into contractual relationship with the Provider – the contract does not bound User to any payment, unless expressly stipulated otherwise. Only if User wants to upgrade his Free Account to either Plus Plan or Pro Plan of LOOP.gl services, the User shall then provide payment details and pay the stipulated Fee for the respective Plus Plan or Pro Plan of LOOP.gl services.
  3. Description of the service
    1. Service provided in Free Plan
      1. User receives the Personal storage space of 5 GB and User can, within this Personal storage limit, start unlimited number of Conversations. Each Conversation can be shared with maximum of 5 Collaborators. Number of Recipients is not limited.
      2. Each file in Conversation can be downloaded or previewed depending on capabilities of User’s device used to access the Conversation.
      3. Conversations never expire until the Personal storage space of the User is exhausted. If the Personal storage space is exhausted, the User receives an e-mail warning and no other Conversation can be started and no other File can be uploaded into the Conversations to which the User is the Author of the Conversation, until the User frees some Personal storage space.
      4. User can become the Collaborator in other User’s Conversations.
    2. Service provided in Plus Plan
      1. The Plus Plan service includes all services provided within the Free Account.
      2. User receives the Personal storage space of 50 GB and User can, within this Personal storage limit, start unlimited number of Conversations. Each Conversation can be shared with maximum of 15 Collaborators. Number of Recipients is not limited.
      3. Each file in Conversation can be downloaded or previewed depending on capabilities of User’s device used to access the Conversation.
      4. Conversations never expire until the Personal storage space of the User is exhausted. If the Personal storage space is exhausted, the User receives an e-mail warning and no other Conversation can be started and no other File can be uploaded into the Conversations to which the User is the Author of the Conversation, until the User frees some Personal storage space.
    3. Service provided in Pro Plan
      1. The Pro Plan service includes all services provided within the Plus Plan.
      2. The Pro Plan service includes all services provided within the Plus Plan.
      3. User receives storage space of 200 GB and User can, within this storage limit, start unlimited number of Conversations. Each Conversation can be shared with unlimited number of Collaborators. Number of Recipients is not limited.
      4. Conversations started by the Pro Plan User can be password protected. The password is necessary to access the Conversation by Collaborators or Recipients.
      5. Each file in Conversation can be downloaded or previewed depending on capabilities of User’s device used to access the Conversation.
      6. Conversations never expire until the Personal storage space of the User is exhausted. If the Personal storage space is exhausted, the User receives an e-mail warning and no other Conversation can be started and no other File can be uploaded into the Conversations to which the User is the Author of the Conversation, until the User frees some Personal storage space.
  4. The Fee for Plus Plan and Pro Plan
    1. To upgrade the Free Account of LOOP.gl service User shall subscribe for the chosen Plus Plan or Pro Plan of LOOP.gl services subscription.
    2. The subscription for Plus Plan or Pro Plan of LOOP.gl services is available either on monthly or yearly basis. The price for Plus Plan or Pro Plan is displayed on the Website.
    3. Subscription bought for 1 month is automatically bought as recurring subscription until actively cancelled by the User. The varying amount of monthly subscription shall be billed on the last day of the month preceding the month for which the Fee is billed and the User hereby expressly entrusts and empowers Provider to charge the designated billed account automatically in the same way as the payment for the first month has been charged.
    4. Should the Fee not been paid, or the subscription has been cancelled or not renewed, all such events shall lead to degradation of User’s LOOP.gl services Plan to the Free Account and so the limits applicable to the Free Account shall apply. The User will be notified by email about this situation. On the 8th day since the degradation of User’s LOOP.gl service to the Free Account, all but Conversations within the total file limit of 5 GB with the most recent activity (either newest started Conversation or uploaded reply) shall be deleted from the LOOP.gl.
    5. The Provider utilizes the following partners to provide subscription based Plus Plan and Pro Plan LOOP.gl services, whom process User’s personal and billing data in accordance with their privacy policies available on https://www.paypal.com/uk/webapps/mpp/ua/privacy-full, https://stripe.com/us/privacy/ and https://stripe.com/privacy-shield-policy every Plus Plan or Pro Plan User is required to agree with these Privacy Policies before they submit personal or billing data to such partners.
  5. Personal data protection
    1. Provider does store the following personal data of Users , full name, e-mail, password (not readable for the Provider), identification of active subscription and IP address from which originates the User activity to monitor potentially abusive or not approved activities. The data are stored only until the User account is deleted by the User.
    2. A billing information of the User stored by the Provider encompass billing address, company name and VAT ID, A credit card number, bank account number or mobile telephone number is directly provided and stored by the respective payment processor partner according to its privacy policy and general terms and conditions.
    3. The Provider complies with the Act No. 101/2000 Coll., the Act on Personal Data Protection, and every User expressly grants consent to processing of the stored data according to these T&C for purpose of communication between Provider and User and payment processing for Users. The data are processed electronically and automatically.
    4. The Provider does not sell or distributes any data stored about Users to any third party. The Provider does not facilitate sending of unsolicited marketing e-mails. Stored e-mail address is used for the provision of the LOOP.gl as way of notifications of activity on the Conversation or activity connected with the User account and for Provider`s communication regarding service changes, enhancements and customer newsletters. Provider plans to send the least amount of e-mails as possible to make LOOP.gl operational and beneficiary for the Users ensuring top tier customer comfort and experience.
  6. Rights and notifications APPLICABLE to consumers
    1. The Plus Plan or the Pro Plan LOOP.gl services shall be provided immediately after the payment for respective Plus Plan or Pro Plan service is processed and Provider receives the payment. The Consumer expressly agrees that the Provider shall start to provide LOOP.gl service before the end of 14 days period under which the Consumer would normally had a right to terminate the usage of the Plus Plan or Pro Plan of LOOP.gl service. The Consumer further expressly agrees and understands that due to nature of the service no premature termination of Plus Plan or Pro Plan of LOOP.gl service provision is possible.
    2. The Provider also notifies the Consumer about the following:
      1. The costs of communication through electronic means does not differ from the base rate (e.g. free communication through e-mail);
      2. No advance or similar payment is required (e.g. once the payment is processed the User may immediately use the respective Plus Plan or Pro Plan LOOP.gl services);
      3. Plus Plan and Pro Plan LOOP.gl services can be contracted as recurring service depending on the choice of the User either for 1 month or for 1 year (12 calendar months) the price for the chosen period shall be same as for the previous period, unless pricing change has been communicated to the User before the renewal of the subscription;
      4. No refunds are provided by the Provider, and no termination of the provision of LOOP.gl service is possible once the provision of LOOP.gl service begins.
    3. The Consumer having any dispute with the Provider can also elect to utilise Alternative Dispute Resolution by selecting and contacting any of available Alternative Dispute Resolution options in the UK - https://www.citizensadvice.org.uk/consumer/alternative-dispute-resolution/settling-out-of-court/using-alternative-dispute-resolution-adr/ or in the Czech Republic you may contact Czech Trade Inspection Authority by the ADR form as provided on the website https://adr.coi.cz/en .
  7. Take down
    1. Each User is solely and entirely responsible and accountable for the Files uploaded, downloaded or used by such User in connection with LOOP.gl. Any use of LOOP.gl requires and assumes that User has for each and every File all necessary and/or required rights, consents and other legal titles necessary for their distribution, transfer or any other similar activities.
    2. Each User is responsible for ensuring that any Files used in connection with LOOP.gl are either his genuine and authentic work or they do not infringe any third-party rights, copyrights and other legitimate interests of third parties.
    3. Any use of LOOP.gl for unlawful or criminal activities or activities violating, misappropriating or infringing third party rights is forbidden.
    4. In case the Provider is notified by any third party that the User has used LOOP.gl to distribute malicious or infringing Files or in its sole discretion Provider ascertains that there is apparent or immediate or allegedly substantiated threat of illegal or infringing activities by any User such as for example: child pornography; obscene, defamatory, libellous, slanderous, profane, indecent or unlawful files, files that promote racism, violence or hatred; files that are factually inaccurate, false, misleading or deceptive; files that the User in question does not have the necessary right to copy and/or transfer; files that infringe, violate or misappropriate intellectual property rights of any third person, privacy rights, including data protection rights, and/or any other kind of rights of any third person; files that infringe on or violate any applicable law or regulation; files that constitute “hate speech”, whether directed at an individual or a group, and whether based upon the race, sex, creed, national origin, religious affiliation, sexual orientation or language of such individual or group, and/or; files that facilitate or promote gambling, or the sale or use of liquor, tobacco products or illicit drugs, or the User impersonates or pretends affiliation with any person or entity; accesses any non-public areas of Website or LOOP.gl; sends viruses, worms, malware, junk mail, spam, chain letters, phishing mails, unsolicited promotions or advertisements of any kind and for any purpose; attempts to probe, scan, compromises or tests the vulnerability of the Website or LOOP.gl or any related service, system or network or breaches any security or authentication, the Provider reserves the right to immediately suspend provision of LOOP.gl for the User, the Provider is also entitled in such situations to immediately delete all uploaded Files by the User still saved on LOOP.gl and Provider is also entitled to prevent such User from using LOOP.gl.
    5. In case the infringing User is User of a Plus Plan or Pro Plan of LOOP.gl services, his / her account shall be immediately closed and no refund for the prepaid service shall be provided.
    6. All complaints, including DMCA complaints, can be sent to e-mail address dmca@LOOP.gl.
  8. Cookies
    1. The Provider uses cookies in connection with LOOP.gl and Website. The cookies are used only for the duration of the session – all cookies used by the Website are session cookies.
    2. Cookies are used to facilitate login information in order to use all features of the Website and LOOP.gl. The cookies are utilised through “Auth0®, Inc.” in compliance with its Privacy Policy available at https://auth0.com/privacy.
    3. The cookies used by the Website are not persistent and are not used for the user tracking purposes and so are exempt from consent of a User of the Website and LOOP.gl.
    4. Apart from LOOP.gl and Website unique cookies, the Website also employs several plugins to measure the utilisation and other aspects of the Website which use their own cookies that can be considered as tracking and persistent cookies and therefore the User must grant consent to its usage, the continued usage of the Website, LOOP.gl and acceptance of the cookies policy are considered as consent of the User. Respective privacy policies of services utilising such cookies can be found at https://www.google.com/policies/technologies/cookies/ , http://docs.hotjar.com/docs/hotjar-cookies , https://www.kissmetrics.com/privacy/ and https://www.facebook.com/policies/cookies/.
  9. Disclaimer AND WARRANTIES
    1. The LOOP.gl services are provided under fair use policy within the limits set for Free Account, Plus Plan or Pro Plan. The Provider does not generally limit the size of the uploaded Files or the frequency with which the new Conversations or replies may be created and uploaded in any given period. If the Provider founds out from the internal monitoring of LOOP.gl the signs of abuse of the LOOP.gl beyond the normal fair use of the service, arbitrary limits might be enforced on the relevant User including prevention of future use of the LOOP.gl by such User. Such enforcement shall always be communicated to the User.
    2. The Provider does not take over any licence or ownership of Files uploaded to LOOP.gl by Users, unless expressly stated so in particular project or campaign. The ownership and all titles to the Files remain with the User uploading them and Users are solely responsible for their uploaded Files.
    3. LOOP.gl is provided “AS-IS” service, without any express or implied warranty of any kind. Without limiting the foregoing, the Provider explicitly disclaims any warranties of merchantability, fitness for a particular purpose and of non-infringement. The Provider makes no warranty that the LOOP.gl is available on an uninterrupted, secure or error-free basis. User’s use of LOOP.gl is at User’s own risk. User acknowledges and agrees that Provider is not responsible for any damages to User’s computer system or the computer system of any third party that result from use of LOOP.gl and is not responsible for any failure of LOOP.gl to store, transfer or delete a file or for the corruption or loss of any data, information or content contained in a file.
    4. User shall defend, indemnify and hold harmless the Provider, including its employees and affiliates, from and against any claims, incidents, liabilities, procedures, damages, losses and expenses, including reasonable legal and accounting fees, arising out of or in any way connected with User access to or use of the LOOP.gl or User’s violation of these T&C, including any third party claims that File submitted to the LOOP.gl by User or using User credentials infringe or violate any third party rights.
    5. In no event will Provider be liable to User or to any third party for any damages arising out of use of the Website or LOOP.gl, whether based on warranty, contract, tort (including negligence) or any other legal basis and whether or not Provider has been informed of the possibility of such damage, even if any limited remedy is found to have failed its essential purpose. Provider will not accept any liability for damage as a result of an attributable failure in the performance of the agreement to provide LOOP.gl or pursuant to an unlawful act or whatever other reason, including, but not limited to any incidental, special, consequential damage resulting from or in connection with the use of LOOP.gl and/or the impossibility of using it insofar as this is allowed under mandatory law. In the event Provider is liable for damage under mandatory law, Provider’s aggregate liability to User for any and all claims arising out of or in connection with the use of the LOOP.gl will in no event exceed one hundred Czech Crowns (CZK 100) per incident. For avoidance of any doubt it is expressly stated and understood that under no circumstances Provider shall be liable for any loss of profits, loss of revenues, loss of opportunities or any other indirect, consequential or punitive damages.
  10. Final provisions
    1. Rights and obligations of the contracting parties, which are not regulated by these T&C or by the contract, implied or actual, are governed by the relevant laws.
    2. The Provider reserves the right to change this T&C from time to time. User shall periodically check the revisions of these T&C as he is bound by the changed wording of the T&C from the first day of the next month following the month the revision has been enacted and made public. The continued use of the LOOP.gl by the User is considered as consent to the changed T&C.
    3. These T&C are written in the English language, which shall prevail over other language versions of these T&C.
    4. These T&C become valid and effective as of 1 January 2018.