Terms of Service
Last Updated: 8/31/2018
Loofa.io (the “Site” or “Service” or “Company” or “We” or “Our” or “US”) provides services to help people manage their personal information. Our services fall into two general categories:
Helping people understand the extent to which their personal information is available to purchase or view; and
Helping people prevent websites from further exposing their personal information by submitting opt-out requests and other directives on their behalf.
Upon registering for Our services, you may select which services they would like us to perform. In some instances, we may start performing Our services directly after you register for Our services.
2. Who can benefit from Our services?
For purposes of these Terms of Service, “Client” shall refer to anyone who receives the benefits of Our services. This includes both Account Holders and family members of Account Holders who have provided the necessary opt-in consent, as described below.
2.1 Account Holders. Account Holders may only create an account for themselves. By creating an account, you are certifying that you are the individual or entity named on the account.
2.2 Signing Up Family Members. After creating an account, you may be able to sign up certain family members who can also benefit from our services. Before we perform such services for your family members, however, we must receive their opt-in consent, which they may provide through certain methods, such as a unique confirmation link sent by email. You may sign up the following family members: (1) your parents, (2) your spouse, and (3) your children.
2.3 Family Members If you are signed up by a family member, you must provide affirmative, opt-in consent that you would like us to perform services on your behalf. You must provide such consent by following the unique links sent to you via email or by other methods we may provide. When providing your consent, you certify that you are the person for whom the services will be rendered. You do not need to create your own account to receive our services.
2.4 US Citizen and Residents. Currently, Our services are limited to US Citizens, wherever they reside, and foreigners residing in the US.
3.1 Data Agent. By becoming a Client, you authorize the Company to serve as your data agent. In doing so, you authorize the Company to perform the following services on your behalf:
Use your information to search the Internet, the “deep Web”, and the “dark Web” for information about you, as well as for information about your family members who are Clients;
Submit opt-out and similar requests on your behalf to websites and other services that may possess or attempt to collect your personal information. Submitting such requests may include setting up a new email address in the your name, which you authorize us to do on your behalf.
Create user accounts in your name on other third-party websites if the Company reasonably determines doing so would be beneficial in providing Our services.
4. FEES AND PAYMENT FOR SERVICES
4.1 “Freemium.” Company may provide certain basic services for free, and may provide other more advanced services for a fee. The fee for any such advanced services will be displayed to you at the time of your purchase.
4.2 Referrals. You may be exempted from paying certain fees by referring others to become Clients. The terms of any such referral fee exemptions will be displayed to you in the “referral section” of your account. For a referral to be considered successful, the person you refer must create an account and provide the necessary information to attribute the referral to the referer (e.g. use a referral link or insert referral code).
5. Warranties and Disclaimer
5.1 Warranties. Each party to this Agreement represents and warrants that such party is duly authorized and has legal capacity to execute and deliver this Agreement. Each party further represents and warrants to the other that the execution and delivery of the Agreement and the performance of such party’s obligations hereunder have been duly authorized and that the Agreement is a valid and legal agreement binding on such party and enforceable in accordance with its terms. Client further represents and warrants that all information provided to Company is accurate and truthful.
5.2 Disclaimer. The Company will do Our best to deliver Our services, but the Company cannot guarantee that all of Our services will be successful. For example, the Company cannot guarantee that we will identify all information being sold about you, nor can we guarantee that we will be effective in the removal or suppression of all such information. The Company will make reasonable efforts to inform you of the effectiveness of Our services with respect to your information.
5.3 Reasonable Understanding. The Company provides services that seek to reduce your risk of negative events like identity theft, hacking, scamming, and unwanted phone class. However, you expressly acknowledge that we cannot guarantee the complete protection from negative events.
5.4 Internet Delays. Our services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications that are outside the Company’s control. Company is not responsible for any delays, delivery failures or other damages resulting from such problems. Company does not guarantee the Services will be operable at all times or during any down time (1) caused by outages to any public Internet backbones, networks or servers, (2) caused by any failures of Client’s equipment, systems or local access services, or (3) for previously scheduled maintenance.
5.5 Other Disclaimer. OUR SERVICES ARE PROVIDED “AS IS” AND COMPANY SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICES AND THE SUBJECT MATTER OF THIS AGREEMENT, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE SERVICES. THIS DISCLAIMER SHALL BE ENFORCED TO THE EXTENT PERMITTED BY LAW IN THOSE JURISDICTIONS THAT MAY LIMIT THE EXCLUSION OF IMPLIED WARRANTIES.
6. LIMITATION OF LIABILITY
6.1 Types of Damages. COMPANY WILL NOT BE LIABLE TO CLIENT OR ANY THIRD-PARTY CLAIMANT FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST DATA OR LOSS OF GOODWILL), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF COMPANY AND/OR ITS REPRESENTATIVES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY OR DAMAGE
6.2 Amount of Damages. COMPANY’S MAXIMUM LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS AGREEMENT SHALL NOT EXCEED THE FEES PAID BY CLIENT TO COMPANY. ). THE EXISTENCE OF ONE OR MORE CLAIMS SHALL IN NO EVENT INCREASE COMPANY’S TOTAL LIABILITY BEYOND THE CAP.
6.3 Basis of the Bargain. The parties agree that the limitations of liability set forth in this Section shall survive and continue in full force and effect despite any failure of consideration or of an exclusive remedy. The parties acknowledge that the prices have been set and the Agreement entered into in reliance upon these limitations of liability and that all such limitations form an essential basis of the bargain between the parties. Certain jurisdictions may limit the limitation of liability for incidental, consequential or certain other types of damages, but the parties agree that such provisions shall be enforced to the extent permitted by law.
7. Prohibited Uses. As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by this Agreement, or would cause a breach of any applicable agreements with third parties to which you are bound. You may not use the Site in any manner that in our sole discretion could damage, disable, overburden, impair or interfere with any other party’s use of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site. In addition, you agree not to use false or misleading information in connection with your user account, and acknowledge that we reserve the right to disable any user account with a profile which we reasonably believe is false or misleading (including a profile that impersonates a third party). By using the Site, you represent and warrant that: (i) you are not located in any 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.
8. Termination. You may terminate this Agreement at any time, for any reason or for no reason, by deleting your Site account through the Site user interface. If you are for any reason unable to delete your account through the Site user interface, you may also send us a request for deletion of your account to email@example.com. Such requests will be honored within a reasonable time period after they have been received provided that you give us all reasonably necessary information and cooperation. Certain data may continue to be stored in our backup systems until regularly scheduled deletions occur. You agree that the Company, in its sole discretion and for any or no reason, may terminate this Agreement, your account or your use of the Site. The Company may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your use of the Site or any account you may have or portion thereof may be effected without prior notice, and you agree that the Company shall not be liable to you or any third-party for any such termination. All sections of this agreement will survive any termination of this Agreement.
9.2 Class Action Waiver. YOU AND THE COMPANY AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S).
9.3 Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association's ("AAA") rules and procedures (the "AAA Rules"), as modified by this Arbitration Agreement. If there is any inconsistency between the AAA Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of this Agreement as a court would, including without limitation, the limitation of liability provisions in Section 11. You may visit http://www.adr.org for information on the AAA and http://www.adr.org/fileacase for information on how to file a claim against the Company.
9.4 Venue; Costs. The arbitration shall be held in the United States county in which you reside or at another mutually agreed location in the United States. If the value of the relief sought is $10,000 or less, you or the Company may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on each party, but subject to the arbitrator's discretion to require an in-person hearing if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by either or both parties unless the arbitrator requires otherwise. Payment of all filing, administration, and arbitrator fees (collectively, the "Arbitration Fees") will be governed by the AAA's Rules. Each party will be responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees.
9.5 Severability. If a court decides that any term or provision of this Arbitration Agreement other than Section 12.2 is invalid or unenforceable, you and the Company agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court decides that any of the provisions of Section 12.2 is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of this Agreement will continue to apply.
10. Changes to Agreement. The Company may make modifications, deletions and/or additions to this Agreement (“Changes”) at any time. Changes will be effective: (i) thirty (30) days after we provide notice of the Changes, whether such notice is provided through the Site user interface, is sent to the e-mail address associated with your account or otherwise; or (ii) when you opt-in or otherwise expressly agree to the Changes or a version of this Agreement incorporating the Changes, whichever comes first.
11. Miscellaneous. Under this Agreement, you consent to receive communications from the Company electronically. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to this Agreement or the Site that is not subject to arbitration under Section 12 shall be filed only in the state or federal courts in California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement. This Agreement is solely between you and the Company, and no third party (including any nonprofit organization listed on the Site) shall have any right to enforce any portion of this Agreement. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in a writing, signed by both parties, or by a Change to this Agreement made by the Company as set forth above.
12. Contact Information. The Site Loofa.io is owned and operated by Data Does Good, PBC, a Delaware public benefit corporation. If you have any questions, complaints or claims with respect to the Site, you may contact us at firstname.lastname@example.org.