Terms and Conditions

Welcome to Loopsie. These Terms and Conditions ("Terms") govern your access to and use of the restaurant management software, hardware, and related services (collectively, the "Services") provided by Loopsie LLC ("Provider", "we", "us", or "our").

This document, together with our Privacy Policyand your signed Software Subscription Agreement, constitutes the entire legal agreement between the Provider and you ("Customer", "you", or "your"). By signing up for, accessing, or using our Services, you agree to be bound by these Terms. If you do not agree, you may not use the Services.

In the event of any conflict or inconsistency between these Terms and any separate written agreement between you and the Provider, these website Terms shall prevail and control.

1. Acceptance of Terms

By accessing or using the Services, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

2. Eligibility

You must be at least 18 years old and operate a legitimate food service business to use the Services. A valid business registration and other verifying information may be required to create and maintain an account, in accordance with the laws of your country of operation.

3. Beta Program Disclaimer

You acknowledge that the Services are currently in a beta phase. Features, pricing, and functionality may be incomplete, unstable, or change at any time without notice. The Services are provided "as is" and "as available." We make no guarantees regarding performance or uptime and you accept the risk of potential service interruptions or data loss.

4. Account Registration and Security

You are responsible for providing accurate and complete information upon registration. You agree to maintain the confidentiality of your account credentials and are fully responsible for all activities that occur under your account.

5. Subscription, Billing, and Payment

Subscription fees are billed monthly in advance via Stripe or another designated payment processor. All payments are non-refundable. You must maintain valid payment details at all times. Late or failed payments may result in the immediate suspension or termination of your Services.

6. Commitment Period, Cancellation, and Renewal

24-Month Commitment:A 24-month minimum commitment period applies only to business locations ("Locations") that receive hardware devices from the Provider at no upfront cost. Each such Location is entitled to up to two (2) devices at no upfront cost. Locations that do not receive devices at no upfront cost are not subject to this commitment period.

Early Cancellation:If you cancel a Location's subscription before the 24-month commitment ends, you must choose one of the following options:

• Return All Original Devices: The Customer may return all devices provided for that Location. This option is only valid if the devices being returned are the exact same units originally provided by the Provider. Returned devices must be in fully functional working condition, with only minor cosmetic wear (e.g., light scratches) permitted. Any device with physical damage or non-functional hardware will not qualify for return and will be subject to the buyout fee.
• Pay a Hardware Buyout Fee: Pay a buyout fee of USD 150 per device. This amount may be adjusted annually by the Provider, but shall not increase by more than 10% per year from the rate in effect at the time of your enrollment. This fee is mandatory for any device not returned, including any device that was replaced under insurance.

Post-Commitment Cancellation: After the 24-month commitment is fulfilled, you may cancel without a fee, but all devices must be returned to the Provider.

Auto-Renewal:Unless terminated, subscriptions automatically renew for successive monthly periods. If we increase subscription fees, we will provide at least 30 days' written notice before the new pricing takes effect. Continued use after the price change constitutes acceptance.

7. Device Policy

Provider Ownership: All hardware devices provided to you are, and shall at all times remain, the exclusive property of the Provider, including any devices returned or replaced under warranty or insurance.

Permitted Use: Devices are linked to your account and must be used solely for your business operations at the assigned Location.

Location Changes: If you relocate your business, you may transfer devices to your new Location by notifying us in writing at least 7 days in advance. Devices remain assigned to your account, not to a physical address.

Accessories: The Provider supplies standard accessories (chargers, stands, cables) at initial setup. Accessories are not covered under warranty or insurance. Replacement accessories may be purchased separately.

Manufacturer Warranty: All devices are covered by a 6-month manufacturer warranty against defects. This warranty is voided by any physical damage and does not cover accessories, batteries, or cosmetic issues.

Prohibited Actions: You may not sell, lease, sublicense, transfer, or otherwise dispose of any device to any third party. Devices may only be used by authorized employees of your business at the assigned Location.

Commitment Period Start Date: The 24-month commitment period begins on the date the device is delivered to your Location, as recorded in our shipping records.

Condition Assessment: The Provider has sole discretion to determine whether a returned device meets the condition requirements (fully functional with only minor cosmetic wear). Devices that do not meet these requirements will be subject to the hardware buyout fee.

8. Device Insurance Policy

This section outlines the terms of the optional, paid Device Insurance Policy ("Insurance").

Coverage Scope: If selected, Insurance applies to all devices under your account. The plan covers accidental physical damage (such as drops and liquid spills) and mechanical or electrical failure that occurs outside the 6-month manufacturer warranty period. Insurance coverage begins 30 days after enrollment (waiting period); claims for incidents occurring during this waiting period are not covered.

Policy Exclusions: The Insurance does not cover:

• Loss or theft of the device
• Intentional damage, abuse, or misuse
• Cosmetic damage that does not affect functionality (e.g., scratches, dents)
• Damage caused by unauthorized repairs or modifications
• Damage that existed prior to the start of the Insurance coverage
• Accessories (chargers, stands, cables, etc.)

Claim Process and Conditions:

• To file a claim, you must contact our support team and provide details of the incident.
• The Provider reserves the right to investigate any claim and determine, at its sole discretion, whether the damage is covered by the Insurance.
• You must return the damaged device to the Provider within 14 days of receiving your replacement. Failure to do so will result in you being charged the full hardware buyout fee for the damaged device.

Replacement Devices: Replacement devices provided under Insurance may be new or refurbished units with equivalent functionality.

Claim Limits: Insurance coverage is limited to a maximum of two (2) claims per device per 12-month period. Additional claims beyond this limit will be subject to the full hardware buyout fee.

Insurance and Service Cancellation: Upon cancellation of your Insurance plan or your main software subscription, all insurance coverage ends immediately. Insurance payments are non-refundable. Crucially, receiving a replacement device under Insurance does not waive your obligations under Section 6. The buyout fee will still apply to any replaced device if you cancel your subscription early.

9. Data Ownership and Privacy

You retain full ownership of your business data (menus, orders, etc.). We may process this data to provide and improve the Services. Upon termination, you have thirty (30) days to export your data via the Loopsie dashboard in standard formats (CSV, JSON, or PDF). After this period, we may permanently delete your data. All data use is governed by our Privacy Policy.

10. Confidentiality

Both Parties agree to keep non-public business, technical, and financial information confidential and not to disclose it to third parties except as required by law.

11. International Compliance

You are responsible for ensuring that your use of Services complies with all laws and regulations of your country. You warrant you are not located in, and will not use Services in, any country subject to U.S. embargoes or trade restrictions.

12. Termination

We may suspend or terminate your account for non-payment or any violation of these Terms. You may terminate your subscription at any time via written notice, email, or the Loopsie dashboard, subject to the cancellation obligations in Section 6.

Multi-Location Accounts: For accounts with multiple Locations, violations at one Location may result in suspension of that Location only, unless the violation indicates a pattern of abuse or fraud, in which case we reserve the right to suspend the entire account.

13. Limitation of Liability

The Services are provided "as is." The Provider is not liable for any lost revenue, data loss, service interruptions, or indirect, incidental, or special damages. Our total liability under this agreement will not exceed the subscription fees you paid in the two (2) months preceding the claim.

14. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of New Mexico, United States. Disputes may be resolved in the courts of Bernalillo County, New Mexico, U.S.A. The Provider may also bring proceedings in the courts of the Customer's country of operation, and you agree to submit to that jurisdiction.

15. Language

These Terms are drafted in English. Any translations are for convenience only, and the English version prevails in the event of conflict.

16. Force Majeure

Neither party shall be liable for delays or failures in performance resulting from causes beyond their reasonable control, including but not limited to: natural disasters, pandemics, war, terrorism, government actions, power outages, internet or telecommunications failures, or supplier failures. The affected party must notify the other party promptly and make reasonable efforts to mitigate the impact.

17. Dispute Resolution

Before initiating any legal proceedings, both parties agree to attempt resolution through good-faith negotiation for a period of thirty (30) days. If unresolved, either party may pursue mediation before a mutually agreed mediator. Litigation shall be a last resort after these steps have been exhausted.

18. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of significant changes. Continued use of the Services after such changes constitutes your acceptance of the new Terms.

19. Contact

Questions about these terms? Contact us at legal@goloopsie.com.