This User Agreement takes effect on 2020-06-26.

We have done our best to write this User Agreement in simple terms. For a quick overview of our terms, please see the summaries at the end of each section.

Introduction

The “Checkinout Service” is a web-based online Service that informs the public of how their local businesses and neighbourhoods have implemented safety measures in the Covid-19 situation. The Checkinout Service helps you to plan your outings and shopping in your local neighborhood because of the Covid-19 situation.

The Checkinout Service is a part of the “LoopHat Service”, a web-based online Service that also can send out feedback surveys to customers.

These are the terms and conditions that govern your use of the “Checkinout Service” and the “LoopHat Service” made available to you by LoopHat AB, a company incorporated in Sweden, via our websites (loophat.com, checkinou.io and related domains) the “Service”. If you are a User using our Service for your behalf, these Terms govern your access and use of our Service. If you are a business owner or if you are invited to a company profile set up by a business owner, Additional Terms for Businesses applies.

Please see our Privacy Notice for information on LoopHat’s data collection practices.

You understand and agree that LoopHat is not responsible for any information provided by a business or party to any agreements between You and the Business. These Terms do not cover the terms and conditions for Your visit to a Business. We refer to each Business for additional information and restrictions for visiting their facilities.

For more information, contact us at info@loophat.com.

Use of the Services (defined below) is governed by this User Agreement (“User Agreement”) and our Privacy Policy (the. “Privacy Policy”) which describes the personal data we collect and how we use and protect it.

Summary: We provide a web-based Service for local businesses and consumers that enter into agreements with us for the Checkinout Service and the LoopHat Service.

1. Contract and Services
  1. Contract

    When you use our Services, you agree to all of the terms in this User Agreement and our Privacy Notice. You agree that by registering a Business Account, accessing or using our Services, you enter into a binding legal contract, between LoopHat (“us”) and yourself (either Customer or a User).

    If you use our Services on behalf of a Business, you agree to be legally bound of the then-current Terms and additional Business Customer Terms.

    If you do not agree to our User Agreement or our Privacy Notice, you may not use our Service.

    Summary: By using our Services, including visiting our website, you are entering into a contract with LoopHat AB.

  2. Services

    This User Agreement applies to www.checkinout.io that provides a web-based online service for planning your outings and shopping in your local neighborhood given the Covid-19 situation. As a business or similar organization, you can inform your customers, visitors, and the public of which safety measures you have implemented in your store to keep your customers and staff safe.

    We refer to our service as the “Service” which includes, e.g., the following features;

    1. inform about action taken for Covid-19,
    2. inform of how many people can be present at the premises and current capacity,
    3. show opening hours and other information such as description of the premises and contact details.

    This User Agreement also applies to www.loophat.com and related domains that provides a web-based online service for online feedback surveys.

    As a visitor or a user of the Service, it is provided to you free of charge. However, additional costs may apply by way of, for example, but not limited to, individual phone service provider charges and data charges, which you agree to be responsible for.

    We have additional terms for Business Customers, see sections 6-12.

    Summary: This User Agreement covers information consumers and businesses who use our Services.

  3. Change

    We are continually improving and tweaking our Service. We may introduce new features, change existing features, or remove features from the Service at any time and without notice to you. Hence, we will continuously update the terms of this User Agreement to match the development of our Services. Changes take effect when published on our website and will be marked with an effective date. For a review of the change history, scroll to the end of this webpage.

    If we make material changes to this User Agreement, including changes that impair your rights, we will provide you at least 30 days prior notice as required by applicable law, either by e-mail or by an announcement on our website.

    If you provide us with any feedback, comments, or suggestions regarding the Service you grant Us the right to use such feedback or comments, in our sole discretion, for any purpose without restriction or payment to you.

    Summary: When we plan to make material changes to this User Agreement, we will first notify you by e-mail or on our website.

  4. Content and Services of Others

    The Services may include content (e.g., Google Maps data) originating from and created by third parties that we do not own or control. We do not own or manage these other services or content, even if accessible from our Services, including, for example, links to third-party services that a Business may make available in the content they upload into their company profile in the Services.

    To provide you with a user-friendly Service, we use services from third parties e.g. to host the Service internal communication, analysis of user data, customer support and payments.

    Please note that any information that you enter on a third-party website (either integrated with the Service or accessible via digital, or otherwise online, redirection), will be shared with the owner of that third party. You acknowledge and understand that information you provide may be subject to the privacy policies, as well as, the terms of use of such third-party sites.

    Any third-party services concerning your use of the Service may be subject to terms and conditions and additional costs by what is regulated by the third-party supplier in question. If you should have any issues or questions concerning the services provided by third parties, you may direct those questions to the third-party service provider, to be handled under applicable terms and conditions of them.

    Summary: Our Services include links to third-party content and services that are outside of our control.

2. Your Use of the Service
  1. Your User Rights

    We grant you a limited, non-exclusive, non-transferable and revocable license to access and use the Service for its intended purposes subject to your compliance with these Terms and our different policies, such as our Privacy Notice.

    Summary: We grant you the necessary rights to access the Services.

  2. our Obligations

    The Service is protected by copyright law, trademark law, other intellectual property law and other regulations under Swedish law, and the laws of other countries. You hereby confirm and consent to that the Service with all its intellectual property rights, including data, belong to LoopHat, or any of LoopHat’s licensees or licensors, exclusively. You may not delete, change, distribute or distort any copyright-, trademark- or other intellectual property rights that are available on or in connection to the Services, unless other authorized or approved by LoopHat.

    You agree not to copy, modify, distribute, sell or lease any part of the Service nor reverse engineer, or attempt to extract the source code of, the Service. You may only access the Service through the interfaces that we provide, and you may not “scrape” the Service through automated means or “frame” any part of the Service.

    Summary: You can only use the Services as they are intended to be used.

  3. Service Change and Availability

    We have the right to suspend your access to the Services with immediate effect if we have reason to believe that you are violating these Terms.

    You can stop using the Service at any time and without notice to us. We may terminate the access to you or other users or discontinue offering the Services at any time without notice.

    Furthermore, we reserve the right at any time to modify, discontinue, temporarily or permanently cease providing the Service without prior notice at any time on our discretion, or if required by law or decision by an authority. You agree that we shall not be liable to you or any third party for such modification, suspension or discontinuance.

    The Service may be temporarily unavailable for either scheduled maintenance or unscheduled emergency maintenance, or because of other causes beyond our reasonable control. LoopHat shall use its reasonable efforts to provide prior notice of any material scheduled service disruption.

    Summary: We have the right to change or suspend features of the Services.

3. Disclaimer of Warranties and Limit of Liability
  1. No Warranty

    The Service is provided ‘as is’ without warranty of any kind and your use of the Service is solely your responsibility. We do not grant any warranties, express or implied or otherwise, as to the accessibility, quality, fitness for any particular purpose, suitability or accuracy of the Service. Also, LoopHat makes no representation nor does it warrant, endorse, guarantee, or assume responsibility for any third-party applications or integrations (or the content thereof) or any other product advertised or offered by a third party on or through the Service, or featured in any banner or other advertising.

    While LoopHat takes steps to ensure that information provided to its third-party service providers and hosting partners is transmitted using reasonable security measures, it does not guarantee that these transmissions will be encrypted. Further, you understand that your Personal Data may be transmitted or handled in an unencrypted manner if you choose to use unencrypted gateways to connect to the Service.

    As some laws do not allow specific disclaimers, these disclaimers may not apply to you.

  2. Exclusion of Liability

    LoopHat is not liable for any direct nor indirect loss suffered by you unless LoopHat has been found guilty of gross negligence or intent. This limitation of liability includes, but is not limited to, loss of production or sales, loss of profit and cost of capital.

    LoopHat is under no circumstances liable for any loss or damages that are directly or indirectly related to:

    (i) the Service;
    (ii) use and interpretation of information presented in the Service;
    (iii) the content of the Service and the Website;
    (iv) your use of, or inability to use or the performance of the Service;
    (v) matters of payment of Your purchase;
    (vi) any loss of information or data;
    (vii) loss of production or sales, loss of profit and cost of capital; or
    (viii) any action taken in connection with copyright or other intellectual property owners.

  3. Maximum Amount

    LoopHat’s liability under this section shall, in any event, be limited to an amount of Euro 100.

    Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. In these jurisdictions, LoopHat’s liability will be limited to what is permitted by law.

    Summary: If the law allows it, we are seeking to limit our liability for providing our free of charge Services to you by asking you to limit our liability and by disclaiming warranties.

4. Additional Terms
  1. LoopHat has the right to assign its rights and obligations under these Terms to any third party. Furthermore, LoopHat has the right to subcontract the performance of our duties under these Terms.
  2. If the ownership of LoopHat’s business changes, LoopHat may transfer your information, subscription and user account to another legal entity so that they can continue to provide you with the Service. This new legal entity that will hold your information, subscription and user account will still have to honour the commitments you and LoopHat have made through these Terms and in the Privacy Notice.
  3. These Terms, subject to any amendments, modifications, or additional agreements you enter into with LoopHat, shall constitute the entire agreement between you and LoopHat for the Service and any use of the Service. If any provision of these Terms is held invalid by a court or otherwise by competent jurisdiction, that provision only will be limited to the minimum extent necessary and the remaining provisions will remain in full force and effect.
  4. These Terms were written in English. To the extent any translated version of these Terms conflicts with the English version, the English version shall prevail.

    Summary: These are additional terms about how the contract applies and can be enforced.

  5. Governing Law and Dispute Resolution

    These Terms shall be governed by and construed by Swedish laws, without regard to its conflict of law rules and excluding the UN Convention of International Sale of Goods.

    Any dispute, controversy or claim arising out of or in connection with these Terms or your use of the Service, or the breach, termination or invalidity thereof, shall be finally settled by Swedish courts of general jurisdiction, unless otherwise provided by mandatory law.

    Summary: This contract is governed by Swedish law, and the court in Stockholm, Sweden can settle any disputes, unless the law states otherwise

5. How to Contact Us
  1. If you have any questions, concerns or would like to give us some feedback, please contact us at info@loophat.com.

    Summary: Please contact us at info@loophat.com.

Additional Terms for Businesses

6. How to Use the Service
  1. To use the Service, you have to create a user account. The creator of an account is the administrator of that account and can both invite and add additional users. You agree that all registration information that you provide is accurate and up to date. Furthermore, you acknowledge that your user account and password are individual and private information and agree not to share this information with other people or companies. You understand and agree that you are solely responsible for keeping your password in strict confidence and not disclose your password to the third party.
  2. For accounts with up to two (2) users, for a maximum of three (3) locations, we provide the Checkinout Service free of charge. For more information about Payment Plans and Payment Terms, please contact us.
7. Obligations of Business Customer Users

You agree to: (1) choose a strong and secure password; (2) keep your password secure and confidential; (3) properly log out from your account at the end of each session; (4) not transfer or share your account; and (5) follow the law and the terms of this User Agreement. You are responsible for anything that happens through your account unless you report misuse through the contact information.

You agree only to provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights and privacy rights). Only upload content and information that complies with our User Agreement, these Terms and our Privacy Notice and doesn’t violate the rights of others.

You agree to only provide us with information that is correct and reliable at the time of posting of such information. You agree to keep the information about your business accurate and up to date at all times. If you violate these terms, we may temporarily suspend, or permanently block your account and/or the Business Account.

8. Notices and Messages

You agree that we can provide notices and marketing communication to you related to our Services: (1) within the Services, or (2) sent to the contact information you provided us (e.g., e-mail, mobile number, physical address). You agree to keep your contact information up to date. Please see our Privacy Notice for more information on how we may contact you, and how you may unsubscribe from these communications.

9. Privacy

Supplemental Data Processing Addendum applies that you shall accept upon creating your account. It sets out how we use and protect the personal data you provide us when you upload information into our Service.

10. Termination

Either of us may terminate this User Agreement at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:

– Our rights to use and disclose your content and feedback;

– Sections 2, 3, 4, 5, 7, 11 and 12.

11. Rights
  1. Your License to Us.

    For Us to be able to provide you with the Service, you now grant Us: (a) a non-exclusive, royalty-free, revocable, global license to use, copy, distribute, modify, change and display your content such as pictures and photos, information and personal data and (b) a non-exclusive, royalty-free, revocable, global license to copy, distribute and use your trademark(s), logotype(s), name and design elements; together referred to as “Business Customer Content”.

12. Publicity

Business Customer grants us the right to use its company name and logo as a reference for marketing or promotional purposes on our website and in other public or private communications with our existing or potential customers, subject to Customer’s standard trademark usage guidelines as provided to us from time-to-time.

If you do not want to be listed, send us an e-mail to info@loophat.com stating that you do not wish to be used as a reference.

Change history

Version 1.0 of 2020-06-26