Terms of Use

Last Reviewed: July 9, 2025

These Terms of Use (“Terms”) govern your access to and use of Daloopa, Inc.’s (“Daloopa,” “we,” “us” and “our”) website, products, services, applications, data and tools (collectively, the “Services”).

1. Introduction

These Terms are a binding contract between you and Daloopa. By accessing or using the Services in any way, you agree to comply with and be bound by these Terms. These Terms will remain in effect while you use the Services. Your use of or participation in certain Services may also be subject to additional policies, rules and/or conditions (“Additional Terms”), which are incorporated herein by reference, and you understand and agree that by using or participating in any such Services, you agree to also comply with these Additional Terms.

Please read these Terms carefully. They cover important information about Services provided to you and any charges, taxes, and fees we bill you. These Terms include information about changes to these Terms and the Services, automatic renewals, limitations of liability, a class action waiver and resolution of disputes by arbitration instead of in court. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

1. Eligibility

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13 years of age. You must be at least 18 years old to use the Services and we do not knowingly collect or solicit personally identifiable information from children under 18 years of age. Please do not attempt to register for or otherwise use the Services or send us any personal information. If we learn we have collected personal information from a child under 18 years of age, we will delete that information as quickly as possible. If you believe that a child under 18 years of age may have provided us personal information, please contact us immediately.

By accessing the Services, you represent and warrant that you are an individual of legal age who has the legal capacity to enter into a binding agreement. If you are agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization’s or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).

1. Changes to these Terms and the Services

We may modify these Terms or the Services at any time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We will try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. We reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.

If we change these Terms, any changes will be effective immediately and we will place a notice on our site, send you an email and/or notify you by some other means of any material changes. If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. Your continued use of the Services in any way after changes are posted constitutes your acceptance of the modified Terms in their entirety. It is your responsibility to review these Terms periodically for updates.

Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

1. User Accounts

You may be required to create an account, select a password and user name (“Account Credentials”) and provide us with certain information or data, such as your contact information, to access certain features of the Services. You promise to provide us with accurate, complete and updated registration information about yourself. You may not provide us with Account Credentials that conceal your identity or select as your Account Credentials a name or email address that you do not have the right to use, or another person’s name with the intent to impersonate that person.

You may not share your Account Credentials or transfer your account to anyone else without our prior written permission. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

1. Use and Use Restrictions

• Compliance with Applicable Law: You agree to comply, and to use the Services in accordance, with all applicable laws and regulations. If your use of the Services is prohibited by applicable laws or regulations, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.
• Content and Service Restrictions: You represent, warrant and agree that you will not provide or contribute anything, including any text, graphics, data, articles, photos, images or illustrations (collectively, “Content”), to the Services, or otherwise use or interact with the Services, in a manner that:
  • Infringes or violates the intellectual property rights or any other rights of anyone else (including Daloopa);
  • Violates any law or regulation, including, without limitation, any applicable export control laws, privacy laws or any other purpose not reasonably intended by Daloopa;
  • Is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
  • Jeopardizes the security of your Account Credentials, account or anyone else’s (such as allowing someone else to log in to the Services as you); or
  • Violates the security of any computer network, or cracks any passwords or security encryption codes.
• Other Use Restrictions: Without limiting the foregoing, you may not:
  • “Crawl,” “scrape,” or “spider” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means), or otherwise use automated systems (bots, spiders, etc.) to access the Services;
  • Run Maillist, Listserv or any form of auto-responder or “spam” on the Services, or any process that runs or is activated while you are not logged into the Services, or that otherwise interferes with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
  • Attempt, in any manner, to obtain the password, account or other security information of any other user;
  • Copy or store any significant portion of the Content;
  • Use the Services to transmit unlawful, harmful, or infringing Content;
  • Decompile, reverse-engineer or attempt to extract or obtain the source code or underlying ideas or information of or relating to the Services; or
  • Use the Services in a way that could disrupt or impair its functionality.
• Violations: A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

1. Content and Communications

• Ownership: You understand that Daloopa owns the Services. All content, including financial data, reports, and information provided by Daloopa or otherwise displayed or made available on or through the Services, is the intellectual property of Daloopa or its licensors. You do not acquire any ownership rights by using the Services.
• Intellectual Property Protection: You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services.
• Licenses:
  • Subject to these Terms, Daloopa grants you a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to access and use the Services for your internal, personal purposes and not on behalf of or for the benefit of any third party.
  • Subject to these Terms, Daloopa grants you a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to access and use (i.e., to download and display locally) Content solely for purposes of using the Services.
• Prohibited Use:
  • You may not use, copy, redistribute, modify, translate, publish, reproduce, broadcast, transmit, license, sell, commercialize, publicly display or otherwise exploit for any purpose any Content from the Services or that is not owned by you without our prior written consent or in a way that violates someone else’s (including Daloopa’s) rights.
  • Use, reproduction, modification, distribution or storage of any Content for any purpose other than using the Services is expressly prohibited without prior written permission from us.
  • You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.
  • The Services may allow you to copy or download certain Content, but please remember that even where these functionalities exist, all the restrictions in this section still apply.
• Communications: As part of the Services, you may receive communications through the Services, including messages that Daloopa sends you (for example, via email or SMS). By signing up for the Services and providing us with your wireless number, you confirm that you want Daloopa to send you information regarding your account or transactions with us or that we otherwise think may be of interest to you, which may include Daloopa using automated dialing technology to text you at the wireless number you provided, and you agree to receive communications from Daloopa. You represent and warrant that each person you register for the Services or for whom you provide a wireless phone number has consented to receive communications from Daloopa. You agree to indemnify and hold Daloopa harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing.

1. Payment Terms

• Free Services: Certain features of the Services may require payment. If you are using a free version of the Services, we will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services.
• Paid Services: Certain of our Services may be subject to payments now or in the future (the “Paid Services”). Please see our Plans Page for a description of the current Paid Services available and to speak to a Daloopa representative. Please note that any pricing and payment terms presented to you in the process of using or signing up for a Paid Service or in an Order Form signed with our sales team are deemed part of these Terms. All fees are due and payable according to the terms set forth at the time of purchase through our services or through a separate mutually agreed upon Order Form.
• Billing: We will send you an invoice for use of the Paid Services. Payments are made via transfers to our bank account. The processing of payments will be subject to the terms, conditions and privacy policies of your bank in addition to these Terms. We are not responsible for any error by, or other acts or omissions of, your bank. By choosing to use Paid Services, you agree to pay us, through bank transfers, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms, and you authorize us, through your bank, to initiate bank transfers directly through your bank, for the amount owed for Paid Services plus any applicable bank transfer or wire fees or charges. We reserve the right to correct any errors or mistakes that your bank  makes even if it has already requested or received payment.
• On Demand Payment: If we, through your bank, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.

1. Termination

Daloopa may suspend or terminate your access to the Services at any time, without notice, for any reason in our discretion, including but not limited to violations of these Terms. Daloopa has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms. You may terminate your account by contacting us. Upon termination, your right to use the Services will cease immediately.

Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account. If you have deleted your account by mistake, contact us immediately – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.

1. Disclaimers

• General: Daloopa and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (Daloopa and all such parties together, the “Daloopa Parties”) make no representations or warranties concerning the Services, including without limitation regarding any Content contained in or accessed through the Services. The Daloopa Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the Services.
• Access to the Services and Content: THE SERVICES AND ALL CONTENT PROVIDED ARE OFFERED AND PROVIDED BY DALOOPA (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE DALOOPA PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY DATA OR CONTENT OR THAT THE SERVICES WILL BE AVAILABLE AT ALL TIMES OR THAT ACCESS WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
• Responsibility for Content: Any information or Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such Content originated, and you access all such information and Content at your own risk. The Daloopa Parties are not liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it.
• Third Party Services: The Services may contain links or connections to third-party websites or services that are not owned or controlled by Daloopa. When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that Daloopa is not responsible for such risks. Daloopa has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Services. In addition, Daloopa will not and cannot monitor, verify, censor or edit the content of any third-party site or service. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.
• Interactions with Other Users: We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services. If there is a dispute between participants on this site or Services, or between users and any third party, you agree that Daloopa is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Daloopa, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.
• Waiver of Claims: You shall and hereby do waive California Civil Code Section 1542 or any similar law of any jurisdiction, which says in substance: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

1. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE DALOOPA PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR: (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS OR COMPUTER FAILURE OR MALFUNCTION WHETHER OR NOT ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SERVICES; (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE-HUNDRED ($100) DOLLARS AND (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO DALOOPA IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM; OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

1. Indemnification

You agree to indemnify and hold the Daloopa Parties harmless from and against any and all claims, damages (actual and consequential), liabilities, losses and expenses (including attorneys’ fees) arising from or in connection with any claims relating to: (a) your use of the Services (including any actions taken by a third party using your account); or (b) your breach of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

1. Governing Law and Arbitration Agreement

• Governing Law: These Terms shall be governed by and construed in accordance with the Federal Arbitration Act, applicable federal law and the laws of the State of New York, without regard to the conflicts of laws principles and provisions thereof.
• Arbitration Agreement: Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with Daloopa and limits the manner in which you can seek relief from Daloopa. Both you and Daloopa acknowledge and agree that for the purposes of any disputes arising from or relating to the subject matter of these Terms or your use of the Services, Daloopa’s officers, directors, employees and independent contractors (“Personnel”) are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.

1. Arbitration Rules; Applicability of Arbitration Agreement.  The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled and resolved through binding arbitration in accordance with JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
2. Costs of Arbitration. The Rules will govern payment of all arbitration fees. Daloopa will pay all arbitration fees for claims less than seventy-five thousand ($75,000) dollars. Daloopa will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
3. Small Claims Court; Infringement. Either you or Daloopa may assert claims, if they qualify, in small claims court in New York, New York or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
4. Waiver of Jury Trial. YOU AND DALOOPA WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Daloopa are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Daloopa over whether to vacate or enforce an arbitration award, YOU AND DALOOPA AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION, and elect instead to have the dispute be resolved by a judge.
5. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Daloopa is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (g) below.
6. Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: 693 5th Avenue, New York, NY 10022 postmarked within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account; and (iii) a clear statement that you want to opt out of these Terms’ arbitration agreement.
7. Exclusive Venue. If you send the opt-out notice in (f), and/or in any circumstances where the foregoing arbitration agreement permits either you or Daloopa to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and Daloopa agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, New York, New York, or the federal district in which that county falls.
8. Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with Daloopa.

1. Assignment

You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Daloopa’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

1. Contact Information

If you have any questions, comments or concerns about these Terms of the Services, please contact us at hello@daloopa.com.

1. Miscellaneous

You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that Daloopa may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms are found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Daloopa agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Daloopa, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Daloopa, and you do not have any authority of any kind to bind Daloopa in any respect whatsoever. Except as expressly set forth in the section above regarding the arbitration agreement, you and Daloopa agree there are no third-party beneficiaries intended under these Terms.