The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site or Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Service or Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Service or Site. You may not use the Service or Site in a way that would violate the Gramm- Leach-Bliley Act (GLBA).
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use our services or this Site.
INTELLECTUAL PROPERTY RIGHTS
Provided that you are eligible to use the Site, our services, or API, you are granted a limited license to access and use the Site, Services, API, or App, and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, Services, API, App, the Content, and the Marks.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account, license, and refuse any and all current or future use of the Site, Service, App, SaaS (or any portion thereof).
USER REGISTRATION, TOKENs, AND API ACCESS
Your personal account may be registered on the Site and our Database for using our services. You agree to keep your password, cookies, license key, access tokens, and API keys confidential and will be responsible for all use of your account and license. You, NOT Deliany LLC (or their team of employees, as well as its agents Deliany LLC and payment processors which cooperates with Deliany LLC), are responsible for ensuring the security of your credentials related to the license and your account.
We reserve the right to remove, reclaim, or change a username or sender name you select if we determine, in our sole discretion, that such username is inappropriate, obscene, illegal, violates the right to use a trademark, copyright, intellectual property, or otherwise objectionable. As well in case of receiving a complaint about a violation or abuse of a trademark, copyright, intellectual property, or an injunction against to use.
FEES AND PAYMENT
We accept the following forms of payment:
– Cards (including Mastercard, Visa, Maestro, American Express, Discover, Diners Club, JCB, UnionPay, and Mada)
You may be required to purchase or pay a fee to access some of our services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. Purchases that are made on our website are handled by the “Paddle” payments gateway and are not stored or processed on our servers. By made purchase on the Site also should be agreed with Paddle Buyer Terms and Conditions. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that the payment processor can complete your transactions and contact you as needed. We bill you through an online billing account for purchases made via the Site. VAT, GTS, or sales taxes may be added to the price of purchases as deemed required by the country where you are located. Our payment processor “Paddle” handles Tax compliance for all countries where required. You can check details regarding Tax charges for your country on their website. We may change prices at any time. All payments shall be in U.S. dollars, Euros, or British pounds. Price may be various for different currencies and countries.
You agree to pay all charges or fees, taxes, VAT, GST at the prices then in effect for your purchases, and you authorize us to charge your chosen payment method for any such amounts upon making your purchase. If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation.
We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Site, our agents, or affiliates.
You can cancel your subscription at any time by logging into your account or contacting us using the contact information provided below or contacting the Paddle payment gateway. Your cancellation will take effect at the end of the current paid term.
If you are unsatisfied with our services, please email us at [email protected] or write a request to the support chat.
You may not access or use the Site/Service/App/SaaS/API (hereinafter referred to as Services) for any purpose other than that for which we make it available. The Site or any of our services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. Our service aimed to send only high-quality texts to recipients who expect to hear from you.
As a user of our Services, you agree not to:
1. Systematically retrieve data or other content from the Site, Services, or Apps to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
2. Trick, defraud, or mislead us, other users, and text recipients, especially in any attempt to learn sensitive account or license information such as user passwords, tokens, API keys, cookie files, or any other type of data aimed to get unwanted access to personal data or accounts.
3. Circumvent, disable, or otherwise interfere with security-related features of the Site or Services including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Service and/or the Content contained therein.
4. Disparage, tarnish, or otherwise harm, in our opinion, us and/or our services, apps, as well our team of employees, agents, affiliates, and payment processors.
5. Use any information obtained from the Site or use our Services and Apps in order to harass, abuse, or harm another person.
6. Make improper use of our support services or submit false reports of abuse or misconduct.
7. Use the Services in a manner inconsistent with any applicable laws or regulations. Or use the Services in a manner of violating the laws of your or recipient Country or State/Province/Region/Union/Prefecture.
8. Engage in unauthorized framing of or linking to the Service or website or App Store.
9. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters, spamming (continuous posting of repetitive text), messages aimed for scam, and distributing inappropriate content, that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services or Website.
10. Use our Services to distribute spam, scam messages, tricks, fakes, inappropriate content, and content that breaches any applicable local, national or international law. We reserve the right to decide which content will be marked as spam, scam, trick, fake, inappropriate, or illegal.
11. Delete the copyright or other proprietary rights notice from any Content.
12. Attempt to impersonate another user, person, company, entity or use the personal data of another user or entity.
13. Upload, transmit or distribute (or attempt to upload or to transmit or to distribute) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
14. Interfere with, disrupt, or create an undue burden on the Website or the networks or services connected to the Website or Apps.
15. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you or use our Services for that.
16. Attempt to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website or Service.
18. Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site or Service.
19. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Website or Services, or using or launching any unauthorized script or other software.
20. Use unapproved by us buying agent or purchasing agent to make purchases on the Website.
21. Make any unauthorized use of the Website or Service, including collecting our user’s personal data and/or email addresses of users by electronic or other means for the purpose of sending unsolicited emails/messages, or creating user accounts and purchases by automated means or under false pretenses.
22. Use the Website or Service as part of any effort to compete with us or otherwise use the Website or our Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
23. Sell or otherwise transfer your profile or license.
If you violate any of these points, you agree that access to the service, API, website, or any other of our apps, may be restricted or blocked permanently without the possibility of a refund. The rest of the funds will be used to cover possible losses caused by the violation of these rules. You agree that you will not have any claims and will not ask for a refund due to a violation of any of these points.
You acknowledge that you are solely responsible for compliance with the rules of the services in which you send By using the LoopMessage Server service, you are solely licensed to use our API, as well sender name which will be used in your API requests for sending messages. You may change the sender name by contact support, and it will be done in a specific time frame. Our API provides you feature to deliver messages to your audience, customers, clients in iMessage.
Obtaining a license to use your product or API implies a pricing plan, which may contain a certain limit of requests for messaging. Each successfully delivered message will automatically increment the number of sent messages included in the current billing period. Unused requests from your active pricing plan do not transfer to the next billing period. Depending on the settings of your license, upon reaching the maximum limit of your tariff plan, your license may change status to “unpaid” until the next billing period, or you may be charged for extra send message requests. You can configure this option in your dashboard or ask support to change this option, by default this option will be enabled for each new license to prevent stopping messaging. If the status of your license changes to “unpaid”, all further requests to send messages will return a failure HTTP code, but at the same time, you can still receive webhooks when the recipient replies to your message. If you approved to charge you for extra requests, you will be charged immediately or in some enterprises plans, it can be added as additional payment in the next billing period. You can find a price for extra requests in your dashboard or ask that support. You should take into account that the history of requests for messaging may be stored on our servers (including the content of messages and recipient contact and status of sent messages) because that information will be mandatory for fulfilling our services and managing your limits in your pricing plan.
When you send promotional/marketing texts or texts that contain a link, recipients will be asked to accept or refuse messages from you as well as to complain about them. We reserve the right to decide which text may be considered promotional or marketing and how to notify the user that they agree to receive messages from you.
If our payment gateway fails to charge you for the next payment period, then your license will be active for some time until you reach the limit according to your pricing plan. With an interval of several days, the payment gateway will try to charge you for the next payment period. If this fails several times, then your license and API key will change their status to expired, all further requests to send messages will have a failure HTTP code, and webhooks will no longer send you new alerts. To avoid issues with stopping messaging or charging for extra requests, you can contact support, and ask them to manually initiate charging for the next payment period. Support will be able to initiate manual charge only if the previous charge was unsuccessful.
Messages that you send from the sandbox will always have a technical text at the end of each message. You shouldn’t be using a sandbox to send messages to production. Each pricing plan has a max limit of messages in the sandbox. This limit is updated in the next billing period. You can check your current sandbox limit in your dashboard or ask support for that.
If you are using a plan that contains only sandbox requests, then this plan is intended only as temporary for the integration process of our API with your site or backend and further testing of this integration. You shouldn’t use it in the production environment, otherwise, your license might be blocked. These pricing plans don’t include a feature for changing your sender name.
And you agree that only your responsibility to not violate their rules by sending messages to recipients on their platform. Otherwise, Apple may restrict message delivery if they think you are sending spam or if recipients will send complaints about your messages or mark them as spam or unwanted.
You agree that you will not have any further claims if similar or any other restrictions are applied by Apple to your sender account due to a violation of their rules. And you will not demand a refund from us or Apple under such restrictions. You agree that any requests for refunds for such or similar reasons related to limitations by apple or that you provoke yourself will be ignored or declined.
Important: When you stop using our API or website that will not automatically stop your recurring payments. You must cancel your subscription first to end your recurring payments. If stop using our API or services without canceling your subscription, you will still be charged. And you agree that can’t be a reason for the refund request.
Canceling a subscription will not retroactively refund payments, and previously charged subscription fees cannot be pro-rated based on the cancellation date.
If you cancel an existing subscription and decide to subscribe again later, you will be charged the most recent price.
You, NOT Deliany LLC (or our officers, agents, payment processors, partners, and employees), are responsible for canceling your subscription before stop using our services or API or when the trial period ends (if available). And you agree that all refund requests will be rejected if you forgot or ignored to cancel your subscription after uninstalling the app or when the trial period is ended.
If you ask support to cancel your recurring payments we will ask you to confirm your request by email or other types of communication. Only after confirming your subscription will be canceled. This is to prevent abuse in which a third party may try to introduce themselves as you, especially when contact person email or any other personal data may be different from your payment info.
U.S. GOVERNMENT RIGHTS
TERM AND TERMINATION
If we terminate or suspend your license or account for any reason, you are prohibited from obtaining a new license or account under your name/company, a fake or borrowed name/company, or the name/company of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Website, Documentation, or Helpdesk at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Website related to our Services. We also reserve the right to modify or discontinue all or part of the Website without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Website.
For our part, we will try to make every effort to maintain our services in proper condition. At the same time, we reserve the right to decide how much we can make efforts to support our Services or restore them from downtime or discontinuance.
DISPUTE RESOLUTION Informal Negotiations
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in California. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
There may be information on the Website, Documentation, and Helpdesk that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
OUR SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S OR DOCUMENTATION CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE OR SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE OR OUR SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR OUR SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE OR OUR SERVICES OR API BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, CHIEFS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, PROBLEMS WITH LAW, LITIGATION, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE ONE (1) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
BY USING OUR SERVICE OR API FOR SENDING MESSAGES, YOU ARE RESPONSIBLE FOR THE CONTENT OF MESSAGES THAT WILL BE RECEIVED BY THE RECIPIENT. AND YOU UNDERTAKE TO YOURSELF ALL COMPLAINTS AND LEGAL PROCEEDINGS FROM THE RECIPIENTS RELATING TO THE CONTENT OF MESSAGES SENT TO THEM. OTHERWISE, WE WILL BE FORCED TO COOPERATE WITH YOUR RECIPIENTS TO HELP THEM SUBMIT COMPLAINTS IN CASE OF VIOLATION OF THEIR LOCAL LAWS OR RECEIVING SCAM, FAKE, OR SPAM CONTENT.
We will maintain certain data that you transmit to the Website or our Services or API for the purpose of managing the performance of our Services, as well as data relating to your use of our Services and API. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Website, our Services, or API. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Website, using our services, sending us emails or messages in chat or instant messengers, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, messages, and on the Site, satisfy any legal requirement that such communication is in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, MESSAGES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE OR ANY OF OUR SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
In order to resolve a complaint regarding our Services, Website, API, Apps or to receive further information regarding the use of our services, please contact us at: [email protected]
1000 Brickell Ave
Ste 715 #5051
Miami, FL 33131
Last updated April 25, 2022