Terms of Service

1. Object and Validity of these TOS

1.1. Welcome to Loomi’s Terms of Service (the “TOS”).

These TOS govern the relationship between you and Blinks Labs GmbH, having its registered address at Sonnenallee 223, 12059 Berlin, Germany ("we" "us", or "Loomi") regarding your use of Loomi’s website https://www.getloomi.app, mobile app Loomi for iOS and other related services (the “Service”), including all textual, graphic, video, music, software and other content available through the Service (the “Content”).

Please be aware that if you subscribe to our services for a term (the “Initial Term”), then the terms of your subscription may be automatically renewed for additional periods of the same duration, unless you cancel your subscription in accordance with Section 9 below.

Please take a few moments to read through these TOS:

1.2. The use of the Service shall be subject to the following TOS in the version valid at the time of your registration or order, or as amended from time to time in accordance with Section 12. We do not accept any deviating general terms and conditions from you unless we agree to their validity in writing.

1.3. These TOS, together with the specific information provided as part of the registration (see Section 3) or when ordering a paid subscription (Section 4), constitute the complete user contract. The provided information is saved by Loomi and is available in your user account at any time.

1.4. You accept the validity and applicability of these TOS when registering or purchasing a paid subscription, as the case may be.

2. Loomi’s Services and Rights

2.1. Subject to these TOS, we grant you a non-transferable, non-exclusive, revocable license (without the right to sublicense) to use the Service solely for your personal, non-commercial purposes. The rights to the Service and the Content distributed through the Service are and will remain with us and /or our licensors.

2.2. All Loomi trademarks as well as our trade names, logos, domain names and other distinctive features of the Loomi trademark are the sole property of Loomi. The license does not give you any right to use the Loomi trademarks, our trade names, logos, domain names or any other distinctive features of the Loomi trademark, be it for commercial or non-commercial purposes.

3. Registering with Loomi

3.1. To use the Service, you need to download our iOS App and create a user account (“User Account”).

3.2. In order to register for Loomi’s Service, you must be of legal age. As a minor over 16 years old, you may register with Loomi if your legal representatives have provided their consent. We reserve the right to make the use of Loomi’s services contingent on proper proof of your identity, your legal age, or your legal representative’s consent.

3.3. Any information required for registration must be complete and correct and always up-to-date.

3.4. You must keep your password confidential and your Loomi account may only be used by you. Any unauthorized use of your user account, as well as any such suspicion to that effect should be communicated to us immediately.

4. Executing an Agreement for a Paid Subscription

4.1. To be able to fully benefit from the Loomi Service, you are required to purchase a paid subscription (“Subscription Access”) through an in-app purchase on our iOS App. The available plans are displayed during the checkout process. To purchase a Subscription Access, you must select the desired option on the subscription screen within the app, and a pop-up will appear where you have to enter your password for the Apple App Store. As soon as you finish, a pop-up of the Apple App Store will appear in which you can complete the purchase of the subscription (for example, by pressing the side button on your mobile device).

4.2. You will have access to the respective services as long as your Subscription Access is valid.

5. Trials / Testing Phases

5.1. We occasionally offer in particular to new users free-of-charge Subscription Access for testing purposes for a certain period of time (a “Trial”). We determine, at our sole discretion, if you may participate in a Trial. In case of an important reason, we may discontinue or change such free Trial at any time without prior notice or notification.

5.2. You can only participate in certain Trials if you enter your payment details when you sign up for the Trial. In such a case, we need your consent at the beginning of the Trial that your free access will be converted into a paid Subscription Access (Section 4) on the day following the end of the Trial. Your Subscription Access then generally renews on a recurring basis. It can be terminated up to one day before the end of the respective subscription period (Section 9). You will always be clearly informed of this process before you subscribe to your Trial.

5.3. If, in a case of Section 5.2., you do not wish to keep the Subscription Access and the charge associated with it, you must cancel your Subscription Access before the end of the Trial (for example, by simply going to your iOS or AppStore settings).

6. Notice of Right of Withdrawal

6.1. If you are a consumer (i.e., a person completing the legal transaction for purposes that can be predominantly attributed to neither their commercial nor their independent professional activity), you are entitled to a statutory withdrawal right when concluding a distance selling agreement, about which we provide information below in accordance with the statutory model. Please note that in the case of an in-app purchase, you have a right of withdrawal within the Apple App Store.

Notice of your Right of Withdrawal

Right of Withdrawal

You may withdraw from this contract within fourteen (14) days without giving any reasons.

The withdrawal period will expire after fourteen (14) days from the day on which this contract is entered into. To exercise your right of withdrawal, you must inform Blinks Labs GmbH (registered office: Sonnenallee 223, 12059 Berlin, Germany, email: support@getloomi.app) of your decision to withdraw from this contract by a clear statement (e.g. a letter sent by post or email). You may use the model withdrawal form in Section 6.2., but this is not required.

To meet the withdrawal deadline, it is sufficient for you to send your communication stating your exercise the right of withdrawal before the withdrawal period has expired.

Effects of Withdrawal

If you withdraw from the contract, Loomi shall refund all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by Loomi), without undue delay, and in any event no later than fourteen (14) days from the day on which we are notified of your decision to withdraw from this contract. Loomi will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

End of the Notice of your Right of Withdrawal

6.2. We hereby provide you with a sample withdrawal form, according to legal requirements:

Model Withdrawal Form

(Please fill out this form and send it back if you wish to cancel the Agreement.)

To:

Blinks Labs GmbH
Sonnenallee 223
12059 Berlin
Germany
support@getloomi.app

I hereby revoke the Agreement executed by me relating to the purchase of the following products (*)/the following service (*) provided

Ordered on (*)/received on (*)
Consumer name(s)
Consumer address
Consumer signature (only if notification is on paper)

Date

(*) Cross out if it does not apply.

6.3. Your right of withdrawal pursuant to Section 6.1. expires prematurely in the case of a contract for the delivery of digital content against payment if the following conditions are met: a) We have begun to perform the contract, b) you have expressly consented to us commencing performance of the contract before expiry of the 14-day withdrawal period and acknowledged that you lose your right of withdrawal prematurely by giving your consent, and c) we have sent you a contract confirmation with a copy of the contract content, the legally required information and your consent and confirmation of acknowledgement on a permanent data carrier (e.g. by e-mail) before delivery. This consent and confirmation are usually given during the ordering process.

6.4. Your right of withdrawal pursuant to Section 6.1. expires prematurely in the case of a contract for paid services if the following conditions are met: a) We have provided the services in full, and b) you have expressly agreed on a durable medium that we will provide the services before the end of the 14-day withdrawal period and have acknowledged that you will lose your right of withdrawal prematurely by giving your consent. This consent and confirmation are usually given during the ordering process. If you revoke an order for services before the end of the revocation period, you may have to reimburse us for the value of the services provided up to the time of revocation

7. Reimbursement and Payment Methods, Promo Offers, Compensation and Retention Rights

7.1. The Subscription Access for Loomi (Section 4) is subject to a fee. The costs are to be paid at the beginning of the subscription (or, in the case of a Trial, after its expiry).

7.2. We occasionally offer you discounted prices for paid subscriptions. Please note that discounts offered to you are usually only valid for the Initial Term and your Subscription Access will be renewed at full price after the Initial Term has expired, unless you cancel it in accordance with Section 9. The exact price will always be displayed during the checkout process.

7.3. Payment is made by Apple's in-app purchase process.

8. Third Party Links and Advertising

8.1. The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by us. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from Loomi, you understand that these TOS and our Privacy Policy do not apply to your use of such sites. You expressly acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss arising from your use of any third-party website, service, or content.

8.2. In consideration for us granting you access to and use of the Service, and if you do not use a Subscription Access, you consent to Loomi showing you promotional information on the Service.

9. Term and Cancellation

9.1. The paid Subscription Access (see Section 4) will run for at least the Initial Term and will automatically renew for the same period if it is not canceled by you or us within at least 24 hours before the end of the respective period (the “Renewal Term”). You can cancel your Subscription Access in your iOS or AppStore settings.

9.2. The Subscription Access cancellation takes effect on the day following the last day of your current subscription period.

9.3. Our right to blocking and/or canceling your account for an important reason due to a good cause remains unaffected by the preceding provisions.

10. Liability

10.1. We exclude any claims for damages on your part. This does not apply to claims for damages arising from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by us, our legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is essential for the proper execution of the contract and on whose compliance you may rely.

10.2. In the event of a breach of essential contractual obligations, we shall only be liable for the typical, foreseeable damages stipulated in a contract, if they were simply caused by negligence, unless it also involves claims for damages due to fatal injuries, physical injuries or damages to health.

10.3. The restrictions mentioned in Section 10.1. and 10.2. also apply to breaches of duty by our affiliates and legal representatives, if claims are made directly against them.

11. Data Protection

When you use the Service, we process your personal data. You can find out more in the Loomi Privacy Policy, which you can access on our website or on the app.

12. Change of Terms of Service

12.1. We reserve the right to amend and/or supplement these TOS with effect for the future, provided that this does not result in an unreasonable disadvantage for you, taking into account the interests of Loomi. If no explicit consent is obtained from you to adapt the TOS, we will notify you of any amendments and/or supplements to the TOS in a timely manner (at least four weeks before the amended TOS enter into force). To this end, we will send you the new version of the TOS to the e-mail address specified by you in the registration. In this context, we will expressly point out to you the possibility and deadline for an objection to the new version of the TOS, as well as the consequences, should you not object.

12.2. If you do not object to the applicability of the new version of the TOS within four weeks after receipt of the notification referred to in Section 12.1., the new version of the TOS shall be deemed accepted by you.

12.3. If you object to the new version of the TOS in due time, the contractual relationship shall be continued under the previous TOS, but we may decide to terminate the Basic Account or the Subscription Access with effect from the next possible regular termination date.

13. Out-of-Court Dispute Resolution

For the out-of-court resolution of consumer disputes, the European Union has set up an Online Dispute Resolution platform (“OS Platform”) that can be accessed at http://ec.europa.eu/consumers/odr. The OS Platform serves as a point of contact for the out-of-court resolution of disputes concerning contractual obligations arising from online agreements. According to § 36 VSBG (Verbraucherstreitbeilegungsgesetz, Consumer Dispute Resolution Act), we point out that we are neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

14. Final Provisions

If any provision of these General Terms and Conditions is invalid, the remainder of the agreement remains valid. The statutory provisions shall take effect over the invalid regulations.

COUNTRY-SPECIFIC PROVISIONS

The following country-specific provisions shall apply and shall supersede the corresponding provision(s) stated in the TOS above in case your habitual residence, at the time of placing an order with us, is/has been in one of the countries mentioned below:

A) Germany:

Clause 9.1. is replaced as follows:

9.1. The Subscription Access (see Section 4) will run for at least the term you originally selected (the “Initial Term”) and will automatically renew for an indefinite period (the “Indefinite Term”) if it’s not canceled by you or us at least 24 hours before the end of that period. If you did not cancel during your Initial Term or did not cancel it in time, you can cancel the Indefinite Term at any time by giving one month's notice. You can cancel as instructed below:

Your Subscription Access can be canceled in your iOS or AppStore settings. If you cancel your Indefinite Subscription before the end of each 12-month period, you will be refunded your costs for the unused months via the Apple App Store.

B) United States of America

Clause 9.1 is replaced as follows:

9.1. Unless otherwise agreed, any order for a Subscription Access shall remain in effect for an initial term as specified in the order (the “Initial Term”). The Initial Term shall automatically and continuously renew for additional periods as specified in the order (“Renewal Term”), unless terminated by us or by you at any time with forty-eight (48) hours’ prior written notice, and in each case such termination shall be effective as of the end of the then-current term. You may not terminate any order for a Subscription Access for convenience with effect prior to the end of the Initial Term or any Renewal Term. You shall be responsible for the charges through the end of the then-current service term and we are not obligated to provide you with a pro-rata refund of your payment for the applicable service term upon cancellation.

Clause 10 is replaced as follows:

10.1. IN NO EVENT WILL LOOMI BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES RESULTING YOUR USE OF THE SERVICES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LOOMI’S LIABILITY FOR DIRECT DAMAGES EXCEED THE FEES YOU HAVE PAID TO LOOMI DURING THE PRIOR TWELVE (12) MONTH PERIOD FOR THE SERVICES.

10.2. Neither Loomi nor you shall be liable for any failure or delay in performance under these Terms to the extent that such failure or delay is a direct result of force majeure, meaning any cause beyond the reasonable control of a party, without fault or negligence on the part of that party.

Clause 6 shall not apply.

Clause 15 shall be added and reads as follows:

15. Any disputes or claims (whether contractual or non-contractual) arising out of or in connection with these Terms or their subject matter or formation shall be governed by and construed in accordance with the laws of the state of New York, excluding its conflict of laws provisions, and each party consents to the exclusive jurisdiction and venue of the courts located in New York County, New York for all matters under these Terms. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

Valid as of May 14, 2025.

Loomi Terms of Service