Terms of service

These Terms of Service (the “Terms”) form a binding agreement between you and David Silva, a sole proprietor established in Portugal with a place of business at [BUSINESS ADDRESS] (“Loomlr”, “we”, “us”, or “our”), governing your access to and use of the Loomlr website, application, and related services (the “Service”).

By creating an account, accessing, or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service. If you use the Service on behalf of an organisation, you represent that you are authorised to bind that organisation to these Terms, and “you” includes that organisation.

• “Workspace” / “Organisation” — the account environment that holds your projects, assets, members, and billing.
• “Content” — anything you upload, input, or generate through the Service, including images, prompts, models, products, outfits, and generated output.
• “Credits” — the unit consumed when you run paid operations such as image or video generation.
• “Output” — images, videos, and other media generated by the Service in response to your inputs.

You must be at least 18 years old and capable of forming a binding contract to use the Service. The Service is intended for business and professional use.

• You are responsible for the accuracy of your registration information and for keeping your credentials secure.
• You are responsible for all activity that occurs under your account, and for the acts and omissions of members you invite to your Workspace.
• Notify us promptly at hello@loomlr.ai of any unauthorised use of your account or other security incident.

The Service supports multi-member Workspaces with role-based permissions. A Workspace administrator can invite and remove members, assign roles, manage billing, and control access to projects and assets.

If you join a Workspace created by someone else, that organisation controls the Workspace and its Content and may access, manage, or remove your access and the Content you contribute. Administrators are responsible for managing their members’ access appropriately.

Subject to these Terms and your plan, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for your internal business purposes. We may modify, update, or discontinue features of the Service over time. We retain all rights not expressly granted to you.

Paid features are offered through subscription plans and credit top-ups. Payments are processed by our payments provider, Polar, acting as merchant of record; your purchase is also subject to Polar’s terms. Prices, plan entitlements, and credit costs are those shown in the Service at the time of purchase.

• Credits are consumed when you run paid operations. The credit cost of operations is set in the Service and may change. Credits have no cash value, are non-transferable, and are non-refundable except as required by law.
• Subscriptions renew automatically for successive billing periods (monthly or yearly, as selected) until cancelled. You authorise us and Polar to charge your payment method for each renewal.
• Trials may require a valid payment method to activate. Unless you cancel before the trial ends or its terms state otherwise, your plan may convert to a paid subscription.
• Taxes may apply and, where required, will be added to the amount you pay. You are responsible for any applicable taxes other than taxes on our income.
• Price changes apply from your next billing period; we will give reasonable advance notice of material changes.

You can cancel your subscription at any time; cancellation takes effect at the end of the current billing period, and you retain access until then. We do not provide refunds for partial periods or for Credits already consumed, except where required by applicable law.

EU/EEA consumers

If you are a consumer in the EU/EEA, you may have a statutory right to withdraw from a purchase of digital services within 14 days. Because the Service provides digital content and services immediately, you expressly request that we begin performance during the withdrawal period and acknowledge that you lose your right of withdrawal once the service has been fully performed, and that the right does not apply to digital content already supplied or Credits already consumed with your consent. Nothing in these Terms limits mandatory consumer rights that cannot be waived under the law of your country of residence.

As between you and us, you (or your licensors) retain all ownership of your Content. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, process, transmit, and create derivative works of your Content solely to operate, secure, and provide the Service to you (including transmitting inputs to the AI subprocessors needed to generate Output). This licence ends when you delete the relevant Content or close your account, except for residual copies retained as described in our Privacy Policy and for backups that are overwritten in the ordinary course.

You represent and warrant that:

• you own or have all rights, licences, and consents needed to upload and process your Content and to create Output from it;
• you have obtained any necessary permissions and consents from individuals depicted in your Content (including for facial or body imagery and likeness), as further described in our Privacy Policy;
• your Content and your use of the Output do not infringe any third-party rights or violate any law.

You agree not to use the Service to:

• upload images of, or generate imagery depicting, any person without the rights and consents required by law, or to upload images of minors as model or face references;
• create content that is unlawful, defamatory, harassing, hateful, sexually explicit involving real persons without consent, or that sexualises minors;
• impersonate any person or brand, or create deceptive content intended to mislead about identity, endorsement, or origin;
• infringe intellectual property, publicity, or privacy rights, or misappropriate another’s likeness;
• attempt to bypass usage limits, safety controls, watermarking, or AI provenance metadata, or reverse engineer or scrape the Service;
• upload malware, interfere with the Service’s integrity or performance, or attempt to gain unauthorised access;
• use the Service in violation of applicable export, sanctions, or other laws.

We may investigate suspected violations and may remove Content or suspend access as described in “Suspension and termination”.

The Service uses AI models to generate Output. Given the nature of generative AI:

• Output may be inaccurate, may not be unique, and similar Output may be generated for other users. You are responsible for reviewing Output before using it.
• Subject to your compliance with these Terms and to the rights of third parties in inputs and underlying models, we do not claim ownership of the Output you generate, and as between you and us you may use it for your business purposes consistent with your plan.
• Output is tagged as AI-generated via embedded provenance metadata, and some plans apply a visible watermark. You must not remove or obscure required AI-provenance markings, and you are responsible for making any AI disclosures required by law in your use of the Output.

The Service, including its software, design, and trademarks, is owned by us or our licensors and is protected by intellectual property laws. Except for the rights expressly granted here, these Terms do not transfer any of our intellectual property to you.

If you send us feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free licence to use them without restriction or obligation to you.

The Service integrates with third-party services such as Shopify, Google (including Google Drive and AI models), and Polar. Your use of those services is governed by their own terms and policies, and we are not responsible for them. When you connect a third-party account, you authorise us to access and exchange data with that service as needed to provide the relevant feature, and you are responsible for your compliance with that service’s terms.

The Service and all Output are provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure, or that Output will be accurate, reliable, or fit for your intended use. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you, and nothing in these Terms excludes mandatory statutory guarantees.

To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business, arising out of or related to the Service, even if advised of the possibility of such damages.

To the maximum extent permitted by law, our total aggregate liability arising out of or related to the Service will not exceed the greater of the amounts you paid us for the Service in the 12 months before the event giving rise to the liability, or EUR 100.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, for fraud, or under mandatory consumer-protection rules.

You will defend, indemnify, and hold harmless Loomlr and its operator from and against any claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to your Content, your use of the Service or Output, your violation of these Terms or applicable law, or your infringement of any third-party rights (including the rights of individuals depicted in your Content). This section does not apply to the extent a claim arises from our own violation of law, and it is subject to any mandatory consumer protections that apply to you.

You may stop using the Service and delete your account at any time. We may suspend or terminate your access, with or without notice, if you breach these Terms, if required by law, to protect the Service or other users, or if your account poses a security or legal risk. Where practicable and lawful, we will give you notice and an opportunity to address the issue.

On termination, your right to use the Service ends, and we will handle your Content as described in our Privacy Policy (including the account-deletion process). Provisions that by their nature should survive termination — including content licences you granted for residual copies, intellectual-property terms, disclaimers, limitation of liability, indemnification, and governing law — survive.

We may update the Service and these Terms from time to time. When we make material changes to the Terms, we will update the “Last updated” date above and, where appropriate, provide additional notice. Changes take effect when posted unless stated otherwise, and your continued use of the Service after they take effect constitutes acceptance. If you do not agree to a change, you must stop using the Service.

These Terms and any dispute arising out of or related to them or the Service are governed by the laws of Portugal, without regard to its conflict-of-laws rules and excluding the UN Convention on Contracts for the International Sale of Goods. The courts of [EU COUNTRY] will have jurisdiction, except where mandatory law entitles you, as a consumer, to bring proceedings in, and to the protection of the laws of, your country of residence.

If you are an EU consumer, the European Commission provides an online dispute resolution platform. Before pursuing formal proceedings, we encourage you to contact us at hello@loomlr.ai so we can try to resolve the matter informally.

• Entire agreement: these Terms and the documents they reference are the entire agreement between you and us regarding the Service.
• Severability: if any provision is held unenforceable, the rest remains in effect.
• No waiver: our failure to enforce a provision is not a waiver of it.
• Assignment: you may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
• Force majeure: we are not liable for delays or failures caused by events beyond our reasonable control.
• Notices: we may provide notices to you via the Service or by email; you can contact us at hello@loomlr.ai.

Questions about these Terms can be sent to:
David Silva
Peniche, Portugal
hello@loomlr.ai