Terms of Use

Welcome to the Playgrounds Studios & Ventures LLC (“Looly,” “we,” “us,” and “our”) website located at getlooly.com (the “Site”). Please read these Terms of Use (the “Terms”) and our Privacy Policy (https://getlooly.com/privacy) (“Privacy Policy”) carefully because they govern your use of our Site and our mobile device application, Looly (the “App”), and our related services. To make these Terms easier to read, the Site, our services and App are collectively called the “Services.”

PLEASE NOTE: LOOLY IS NOT A HEALTH CARE PROVIDER. THE SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. ANY ESTIMATES, PATTERNS, OR OTHER INFORMATION PROVIDED THROUGH THE SERVICES ARE NOT INTENDED AS MEDICAL ADVICE AND SHOULD NOT BE USED FOR DIAGNOSING, TREATING, CURING, MITIGATING, OR PREVENTING ANY TYPE OF DISEASE OR MEDICAL CONDITION. THE SERVICES SHOULD NOT BE RELIED UPON AS A METHOD OF CONTRACEPTION OR TO ACHIEVE OR AVOID PREGNANCY. YOU SHOULD CONTACT YOUR DOCTOR IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOUR HEALTH. YOU UNDERSTAND AND ACKNOWLEDGE THAT LOOLY IS NOT A HEALTH CARE PROVIDER AND IS NOT PROVIDING YOU WITH THERAPEUTIC INSTRUCTION OR MEDICAL ADVICE.

1. Agreement to Terms.

By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services.

2. Privacy Policy.

Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.

IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND LOOLY THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 16 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION).

3. Changes to Terms or Services.

We may update the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the updated Terms on the Site, the App or through other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then, except as otherwise provided in Section 16(f) “Effect of Changes on Arbitration,” you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

4. Who May Use the Services?

(a) Eligibility. You may use the Services only if you are 18 years or older and capable of forming a binding contract with Looly, are not barred from using the Services under applicable law and are located where the Services are legally offered.

(b) No Account. The Services do not require you to register or create an account. The information you record in the App is stored on your mobile device and is not transmitted to us. You are solely responsible for maintaining the security of your device, for any passcode or biometric lock you apply to it, and for any backup you choose to create using the App’s encrypted export feature. We cannot access, retrieve, restore, or recover your Looly Data (defined in Section 7) or the password to any export you create.

5. Feedback.

We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback through the App or by emailing us at hello@getlooly.com. You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose. Feedback does not include your Looly Data. The App does not attach your Looly Data, Apple Health data, or voice content to a Feedback report unless you type it in yourself. The information included in a Feedback report, and how long we keep it, is described in our Privacy Policy.

6. Subscription.

(a) General. Looly requires payment of a fee for continued use of the App after the Free Period described below. Fees are charged by Apple through the Apple App Store and are subject to Apple’s terms and conditions. When you purchase a Subscription (defined below), you enter into a transaction with Apple, and Apple, not Looly, collects your payment information and processes your payment. Looly does not receive your payment card number, billing address, or other Payment Information. All fees and applicable taxes, if any, are payable in United States dollars unless Apple’s terms provide otherwise for your region.

(b) Free Period. You may use the App at no charge until the end of your third menstrual cycle logged in the App (the “Free Period”). No payment method is collected during the Free Period. The Free Period does not automatically convert to a paid Subscription; when it ends, the App will ask whether you wish to purchase a Subscription. We reserve the right to change or end the availability of the Free Period at any time and for any reason, without affecting any Free Period already in progress.

(c) Subscriptions. If you purchase a subscription (“Subscription”), you will be charged, depending on the plan you choose, an annual Subscription fee of sixty United States dollars ($60) or a monthly Subscription fee of six United States dollars ($6), plus any applicable taxes and other charges (“Subscription Fee”), at the beginning of your Subscription and at the start of each subsequent annual or monthly period, as applicable, at the then-current Subscription Fee. BY PURCHASING A SUBSCRIPTION, YOU AUTHORIZE APPLE TO INITIATE RECURRING PAYMENTS AS SET FORTH BELOW. Your Subscription will automatically renew on a rolling annual or monthly basis, matching the plan you chose, until you cancel your Subscription through your Apple account settings at least twenty-four (24) hours before the end of the then-current Subscription period. If you cancel, your right to use the paid features of the App will continue until the end of your then-current Subscription period and will then terminate without further charges. By agreeing to these Terms and electing to purchase a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or Looly.

(d) Refunds. All purchases are processed by Apple and are subject to Apple’s refund policies. Requests for refunds must be directed to Apple. Except as provided by Apple or as required by applicable law, all Subscription Fees are non-refundable and non-transferable, and you will not receive a refund of any portion of the Subscription Fee paid for the then-current Subscription period at the time of cancellation.

(e) Price and Tax Changes. Looly may change the Subscription Fee from time to time. Any changes will apply at the start of your next billing period, and, where required, Looly or Apple will notify you in advance. By continuing your Subscription after a price change goes into effect, you accept the new price. If you do not agree to the price change, you must cancel your Subscription before renewal. Taxes and fees are applied based on applicable laws at the time of each charge and may change over time.

(f) Feedback Offer. We may, in our sole discretion, provide a one-year Subscription at no charge, delivered as an Apple App Store offer code, to a user whose Feedback we determine has materially contributed to improving the Services, such as a reproducible defect report or a suggestion we adopt. Whether Feedback qualifies is determined by Looly in good faith and in its sole discretion. An offer code has no cash value, is not refundable, is not transferable, may not be resold, is limited to one per person, and is redeemable solely for the Services. Looly reserves the right to end the availability of this offer at any time and for any reason, and to revoke an offer code in the event of fraud, misuse, or violation of these Terms.

7. Content and Your Looly Data.

(a) Definitions. For purposes of these Terms: (i) “Content” means text, graphics, images, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services by Looly; and (ii) “Looly Data” means the entries, notes, dictation, imported Apple Health data, settings, and other information that you record in or import into the App.

(b) Your Looly Data. Looly does not claim any ownership rights in any Looly Data and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your Looly Data. Your Looly Data is stored on your device and is not transmitted to Looly. Because Looly has no access to your Looly Data, Looly cannot view, retrieve, restore, or recover it, and you are solely responsible for creating and safeguarding any backup.

(c) Our Content Ownership. Looly and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.

8. Rights and Terms for Apps.

(a) Rights in App Granted by Looly. Subject to your compliance with these Terms, Looly grants to you a limited, non-exclusive, non-transferable license (with no right to sublicense) to download and install a copy of the App on a mobile device that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. Looly reserves all rights in and to the App not expressly granted to you under these Terms.

(b) Additional Information: Apple App Store. This paragraph applies to any App that you acquire from the Apple App Store or use on an iOS device. Apple has no obligation to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the App purchase price to you (if applicable) and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that your possession and use of the App infringe that third party’s intellectual property rights. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You must also comply with any applicable third-party terms of service when using the App.

9. General Prohibitions and Looly’s Enforcement Rights.

You agree not to do any of the following:

(a) Use, display, mirror or frame the Services or any individual element within the Services, Looly’s name, any Looly trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Looly’s express written consent;

(b) Attempt to probe, scan or test the vulnerability of any Looly system or network or breach any security or authentication measures;

(c) Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation through any Looly system, including the Feedback feature;

(d) Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;

(e) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;

(f) Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services; or

(g) Violate any applicable law or regulation.

We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

10. Links to Third Party Websites or Resources.

The Services (including the App) may contain links to third-party websites or resources, including health information published by organizations such as the American College of Obstetricians and Gynecologists, the National Health Service, and the Centers for Disease Control and Prevention. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. The inclusion of a link does not imply endorsement by or affiliation with the linked organization. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.

11. Termination.

We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may stop using the Services at any time by deleting the App from your device. Deleting the App deletes your Looly Data from your device unless you have first created an encrypted export. Upon any termination, discontinuation or cancellation of the Services, all provisions of these Terms which by their nature should survive will survive, including, without limitation, the following Sections: 5, 7, 11, 12, 13, 14, 15, 16, and 17.

12. Warranty Disclaimers.

THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY, PERFORMANCE, ACCURACY AND EFFECT OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, LOOLY, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS (THE “DISCLAIMING PARTIES”) EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. The Disclaiming Parties make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. The Disclaiming Parties make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content, including any cycle estimate, phase, ovulation window, or pattern observation displayed through the Services. No advice or information, whether oral or written, obtained by you from Looly shall create any warranty not expressly made herein.

13. Indemnity.

You will indemnify and hold harmless Looly and its officers, directors, members, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content, or (ii) your violation of these Terms.

14. Limitation of Liability.

(a) NEITHER LOOLY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER OR MOBILE DEVICE DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LOOLY OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

(b) IN NO EVENT WILL LOOLY’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED, IN THE AGGREGATE, THE GREATER OF (I) THE AMOUNTS YOU HAVE PAID FOR USE OF THE SERVICES OR CONTENT IN THE TWELVE (12) MONTH PERIOD PRECEDING THE APPLICABLE CLAIM, OR (II) SIXTY DOLLARS ($60).

(c) THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LOOLY AND YOU.

15. Governing Law and Forum Choice.

These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of Delaware, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 16 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and Looly are not required to arbitrate will be the state and federal courts located in the State of Delaware, and you and Looly each waive any objection to jurisdiction and venue in such courts.

16. Dispute Resolution.

(a) Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Looly agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Looly are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.

(b) Exceptions and Opt-out. As limited exceptions to Section 16(a) above: (i) you may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. In addition, you will retain the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by email at hello@getlooly.com within thirty (30) days following the date you first agree to these Terms. In order to be effective, the opt-out notice must include your full name, mailing address, and email address, and must clearly indicate your intent to opt out of binding arbitration.

(c) Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.

If your claim is for U.S. $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video-conference hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.

(d) Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. We’ll pay for all filing, administration and arbitrator fees and expenses if your Dispute is for less than $10,000, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.

(e) Class Action Waiver. YOU AND LOOLY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.

(f) Effect of Changes on Arbitration. Notwithstanding the provisions of Section 3 “Changes to Terms or Services” above, if Looly changes any of the terms of this Section 16 “Dispute Resolution” after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to hello@getlooly.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Looly’s notice to you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Looly in accordance with the terms of this Section 16 “Dispute Resolution” as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

(g) Severability. With the exception of any of the provisions in Section 16(e) of these Terms (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.

17. General Terms.

(a) Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Looly and you regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Looly and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Looly’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Looly may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

(b) Notices. Any notices or other communications provided by Looly under these Terms, including those regarding modifications to these Terms, will be given by posting to the Services, including the App’s “What’s new” notice, or on the Site. Because the Services do not collect your email address, we are not able to notify you by email.

(c) Force Majeure. We will not be liable for any failure to perform any of our obligations stated in these Terms if the failure results from a cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation, or the unavailability of Apple’s platforms or services.

(d) Waiver of Rights. Looly’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Looly. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

18. Contact Information.

If you have any questions about these Terms or the Services, please contact Playgrounds Studios & Ventures LLC at hello@getlooly.com.