Terms of Service

IMPORTANT NOTICE: This Terms of Service agreement ("Terms") is a legal contract between you, the user (and the parent or guardian of any child user), and Loomic (Pty) Ltd ("Loomic," "we," "us," or "our"). By accessing or using the Loomic mobile application (the "App") or the Loomic website (the "Service"), you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Service.

1. Eligibility and Parental Consent

1.1 Age Requirements

Users 18 and Older (or Legal Age of Majority): If you are the legal age of majority in your jurisdiction, you may register and use the App for yourself and to create accounts for children under your legal guardianship.

Users Under the Legal Age of Majority (Minors): If you are a minor, you must obtain permission from your parent or legal guardian to use the App.

Children Under 13 (COPPA/GDPR): In compliance with relevant laws, including COPPA and GDPR, children under the age of 13 must have a parent or legal guardian create and manage their account and provide Verifiable Parental Consent as outlined in our Privacy Policy.

1.2 Parental Responsibility

If you are a parent or legal guardian creating an account for a child, you are responsible for:

Monitoring the child's use of the App and any content they interact with.
Ensuring the child complies with these Terms.
Accepting full financial responsibility for all purchases made through the App by the child, and for all legal liabilities that may arise from the child's use.

2. Accounts, Security, and Termination

2.1 Account Creation

You agree to provide accurate, current, and complete information during the registration process. You are responsible for safeguarding your password and for all activities that occur under your account.

2.2 Account Types

Parent/Guardian Account: Has control over the subscription, payment details, and management/deletion of associated Child Accounts.

Child Account: Limited to reading, story generation, and educational interaction. Cannot make purchases or access sensitive settings.

2.3 Termination

We may suspend or terminate your account and access to the Service at our sole discretion, without notice or liability, for any reason, including but not limited to:

Breach of these Terms.
Conduct that we believe violates applicable law or is harmful to other users, Loomic, or third parties.

3. License to Use

3.1 Limited License

Loomic grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the App and Service solely for your personal, non-commercial, and educational use, strictly in accordance with these Terms.

3.2 Prohibited Conduct

You agree not to:

Reverse engineer, decompile, or disassemble any aspect of the App.
Use the App to generate, input, or share any content that is illegal, defamatory, hateful, obscene, sexually explicit, or racially/ethically offensive.
Use the Service for any commercial purpose (e.g., selling AI-generated stories or images to a third party).
Violate any applicable laws or regulations, including, without limitation, privacy laws and intellectual property laws.

4. Intellectual Property (IP) and AI-Generated Content

4.1 Ownership of Loomic Content

All rights, title, and interest in and to the App, its original content, features, functionality, and the underlying AI engine (excluding User Input and Output) are and will remain the exclusive property of Loomic (Pty) Ltd and its licensors. Our trademarks and trade dress may not be used without the prior written consent of Loomic.

4.2 Ownership of User Input and Output

User Input: You retain ownership of all rights in any text, settings, or preferences you input into the Service to generate a story ("Input").

AI Output (Generated Stories/Images): To the extent legally permissible, Loomic assigns to you all its rights in the unique story and images generated specifically for you based on your Input ("Output"). This Output is licensed to you for personal and non-commercial educational use only.

4.3 AI Content Disclaimer

Accuracy: Artificial intelligence is a constantly evolving field. We do not warrant the accuracy, completeness, or reliability of any facts, historical references, or technical details present in the AI-generated Output. You are responsible for verifying the accuracy of any critical information.

Similarity: Due to the probabilistic nature of AI models, the Output may not be unique and the Service may generate the same or similar content for other users. Loomic does not guarantee that the Output is free of third-party intellectual property rights.

5. Payments, Subscriptions, and Refunds

5.1 Billing and Payments

Subscriptions for the Service are processed by the respective app store platform (Google Play or Apple App Store). All billing inquiries, payment disputes, and requests for refunds must be directed to the platform through which the purchase was made, subject to their respective terms and policies.

5.2 Subscription Changes

Loomic reserves the right to change its pricing and subscription plans. Any price changes will be communicated to you in advance through your subscription provider. Your continued use of the Service after a price change constitutes your agreement to the new price.

6. Disclaimers and Limitation of Liability

6.1 Disclaimers

The Service is provided on an "AS IS" and "AS AVAILABLE" basis. Loomic makes no representations or warranties of any kind, express or implied, as to the operation of the Service, the information, content, or materials included therein, or that the App will be free from errors, defects, or viruses.

6.2 Limitation of Liability

To the maximum extent permitted by applicable law (including POPIA and the Consumer Protection Act in South Africa), Loomic (Pty) Ltd and its directors, employees, partners, agents, suppliers, or affiliates shall not 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 Service.
Any conduct or content of any third party on the Service.
Any content obtained from the Service, including the AI Output.
Unauthorized access, use, or alteration of your transmissions or content.

6.3 Maximum Liability

In no event shall Loomic's total liability to you for all damages, losses, and causes of action exceed the amount paid by you to Loomic for the Service in the twelve (12) months preceding the claim.

7. Indemnification

You agree to defend, indemnify, and hold harmless Loomic (Pty) Ltd and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees), which result from or arise out of:

Your use and access of the Service, by you or any person using your account.
A breach of these Terms.
The use or publication of any AI-generated Output outside the permitted personal and educational use.

8. Governing Law and Disputes

These Terms shall be governed and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law provisions. Any dispute arising from these Terms will be subject to the exclusive jurisdiction of the courts of South Africa.

9. Miscellaneous

9.1 Entire Agreement

These Terms, along with the Loomic Privacy Policy, constitute the entire agreement between you and Loomic regarding the Service.

9.2 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 continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.

9.3 Contact Information

For any questions regarding these Terms of Service, please contact us at privacy@loomic.co.za.

Terms of Service – Loomic (Pty) Ltd