The Services (as defined herein) and Terms of Use are provided by Loddi.
ANY USERS WHO DO NOT AGREE WITH THESE TERMS OF USE SHOULD NOT USE THE SERVICES! THIS AGREEMENT CONTAINS, AMONG OTHER THINGS, AN ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER.
References to the “Booking Services” mean those appointment-scheduling services made available by us through the Loddi Application.
References to the “Loddi Application” mean any mobile, web, or voice software application related to the Services designed, developed, and/or made available by us and available through the iTunes and Google Play stores as well as other third-party services, including but not limited to Amazon Alexa and Google Home.
References to the “Loddi Site” mean the website bearing the URL http://www.MyLoddi.com and all affiliated websites owned and operated by Loddi, our subsidiaries, and related companies.
References to the “Commercial Content” mean content which advertises or promotes a commercial product or service.
References to a “Customer” mean any person or entity who uses the Loddi Application Loddi Site, or a Third-Party Platform as defined in Section 3.8 to schedule an appointment, manage appointments, browse health-, beauty-, and wellness-related content and services, and/or pay for services rendered, whether said individual registers directly for the use of the Loddi Application or is added by an SMB through whom Customer obtains services.
References to “Dispute” mean any claim, conflict, controversy, or disagreement between the Parties arising out of, or related in any way to, these Terms (or any Terms, supplement or amendment contemplated by these Terms,) including, without limitation, any action in tort, contract, or otherwise, at equity or at law, or any alleged breach, including, without limitation, any matter with respect to the meaning, effect, validity, performance, termination, interpretation, or enforcement of these Terms or any terms contemplated by the Terms.
References to “Material Breach” mean any breach of these Terms upon the occurrence of which a reasonable person in the position of the non-breaching party would wish to immediately terminate these Terms because of that breach.
References to the “Services” mean, collectively, any and all services offered by us, including but not limited to (1) the Loddi Site, (2) the Loddi Application, (3) the Payment Services, (4) the Loddi Card Reader, (5) a Tap to Pay subscription; and (6) any other services or features made available by Loddi through the Loddi Site, Payment Services, Loddi Card Reader, Tap to Pay subscription or Loddi Application.
References to a “SMB” mean a small or medium business and seller of goods, services, or products who use the Services to allow Customers to book, manage, view, and cancel appointments. Each SMB is an entrepreneur within the meaning of the generally applicable provisions of law.
References to the “Terms”, “Terms of Use” and/or “Agreement,” mean these terms as set forth herein.
References to “us,” “we,” “our,” and/or “Loddi,” refer to Loddi Inc, 4809 N. Wolcott, Chicago, IL 60623, and all its designated agents, employees, and subsidiaries within the United States of America for those customers based and/or residing in North and South America and Australia.
References to “you” and/or “User” mean the User of the Services, whether as a SMB or Customer.
The following Terms of Use, together with the relevant information set out on the Services, and including any features and services available, are subject to the Terms of Use set forth below. Please read them carefully as any use of the Services, whether directly through us or via a Third-Party Platform, constitutes an agreement, without acceptance, to be bound thereby by the User. By accessing or using the Services or clicking “accept” or “agree” to this Agreement, you represent (1) that you are at least eighteen (18) years old (and in some jurisdictions twenty-one (21) years old), (2) are not prohibited by law from accessing or using the Services, (3) you have read, understand, and agree to be bound by this Agreement, and (4) you have authority to register a SMB and act on its behalf.
These Terms of Use are subject to the Privacy Policy, which also governs your use of the Services. Our Privacy Policy is available here: https://mLyoddi.com/privacy. In addition, each SMB and Third-Party Platform shall have his, her, or its own Terms of Use, which bind all Customer/SMB transactions.
The Parties acknowledge and agree that each SMB, Customer, Third-Party Platform, subsidiary, parent, and affiliate of us shall be a third-party beneficiary to the Terms of Use and that such other persons and/or companies shall be entitled to directly enforce and rely upon any provision of these Terms of Use which confers a benefit upon them. No other parties shall be third party beneficiaries to these Terms of Use.
At its core, Loddi acts as a software as a service to allow its Users to book, manage, view, and cancel appointments. In addition, the Loddi platform and all related Loddi applications allow Users to browse, view, and review content and potential service providers for health, wellness and beauty related services. Loddi does NOT have control over (1) the quality, safety, morality or legality of any aspect of any Services offered by SMBs using our Services, (2) the truth or accuracy of the listings or directory information provided to us by SMBs, (3) the timeliness or accuracy of any SMB appointment calendar, (4) the ability of SMBs to provide Services booked, (5) the identity of any SMB or Customer, or (6) the ability of Customers to pay for Services. We do not and cannot ensure that a SMB or Customer will actually complete a transaction. If you rely on any of the information provided by or on the Services, you do so solely at your own risk.
You acknowledge and agree that we do not sell or purchase, offer to sell or purchase, invite to sell or purchase, or make or solicit any offers. IN ALL INSTANCES EXCEPT WHERE NOTED, ALL SALES AND SERVICES ARE ADVERTISED, SOLICITED, OFFERED, ACCEPTED, MADE, AND DELIVERED BY SMBS WITH WHOM A CUSTOMER DIRECTLY CONTRACTS. AT NO TIME WILL A CUSTOMER/MERCHANT RELATIONSHIP EXIST BETWEEN US EXCEPT AS EXPLICITLY NOTED. In all instances, any solicitation, invitation, offer, advertisement or communication is void where prohibited by law.
We are not responsible if information made available on the Services is not accurate, complete, or current, including but not limited to the corporate information of a SMB, calendar availability, and bookings made.
If you encounter any error in the service, let us know at [email protected] (if you are a SMB) or [email protected] (if you are a Customer). We do not warrant that any errors in the Services will be corrected.
Loddi may update or revise this Agreement (including any Loddi Policies) from time to time at its sole discretion and without limitation upon notice of the same via posting to the Services and/or the emailing of a notice to our registered Users. You agree that you will review this Agreement periodically. You are free to decide whether or not to accept a modified version of this Agreement, but accepting this Agreement, as modified, is required for you to continue using the Services. You may have to click “accept” or “agree” to show your acceptance of any modified version of this Agreement. If you do not agree to the terms of this Agreement or any modified version of this Agreement, your sole recourse is to terminate your use of the Services, in which case you will no longer have access to your Account or SMB Account (as defined below). Except as otherwise expressly stated by Loddi, any use of the Services (e.g., the use of the Booking Services or the Payment Services) is subject to the version of this Agreement in effect at the time of use.
We may modify, add to, suspend, or delete any aspect of the Services, in whole or in part, at our sole discretion at any time, with such modifications, additions, or deletions being immediately effective. Such modifications, additions, or deletions may include but are not limited to content offered, hours of availability, and equipment needed for access or use. If you do not agree to such modifications to the Services, your sole recourse is to terminate your use of the Services, in which case you will no longer have access to your Account or SMB Account (as defined below). Except as otherwise expressly stated by Loddi, any use of the Services (e.g., the use of the Booking Services or the Payment Services) is subject to the version of this Agreement in effect at the time of use.
Though we try to make the Services available twenty-four (24) hours a day, seven (7) days a week, except for planned down-time for maintenance, we do not warrant that the Services will be at all times available.
Use of the Services requires Internet access through your computer, mobile device, tablet, or other internet-accessible device as allowed by Loddi. You are responsible for all mobile carrier charges resulting from your use of the Services, including from any notifications provided by the Services. Loddi does not guarantee that the Services will be compatible with all devices or will be supported by all mobile carriers. You may be required to have JavaScript (or similar technologies) enabled to use the Loddi Site, and some features and portions of the Services (including, but not limited to, making, modifying, or cancelling appointments) may not be accessible with JavaScript disabled.
We reserve the right to refuse to provide access to the Services for any reason at any time in our sole and exclusive discretion. We may, in our sole and exclusive discretion, limit or cancel an Account or a SMB Account (as defined below) for any reason whatsoever. In the event that we make a change to or cancel an Account or a SMB Account (as defined below) we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time your Account or SMB Account (as defined below) was created; however, the failure to do so shall not result in any liability, including liability for lost data deleted as a result of the Account or SMB Account (as defined below) termination.
In addition to the other restrictions on use set forth herein, you agree and acknowledge that you shall not use the Services: (a) for any unlawful purpose; (b) to solicit Users to perform or participate in any unlawful acts or to engage in acts that are unrelated to the purpose(s) of the Services; (c) to violate any international or governmental regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Services; (l) take any action that imposes or may impose (in Loddi’s sole determination) an unreasonable or disproportionately large load on the Services or Loddi’s infrastructure; (m) rent, lease, copy, provide access to or sublicense any portion of the Services or Loddi Materials (as defined below) to a third party; (n) use any portion of the Services or Loddi Materials (as defined below) to provide, or incorporate any portion of the Services or Loddi Materials (as defined below) into, any product or service provided to a third party; (o) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or non-public APIs to the Services, except to the extent expressly permitted by applicable law (and then only upon advance notice to Loddi); (p) modify any Services or Loddi Materials (as defined below) or create any derivative product from any of the foregoing; (q) remove or obscure any proprietary or other notices contained in the Services or Loddi Materials (as defined below); or (r) publicly disseminate information regarding the performance of the Services or Loddi Materials (as defined below) or access or use the Services or Loddi Materials (as defined below) for competitive analysis or benchmarking purposes. We reserve the right to terminate your use of the Services for violating any of the prohibited uses or for any other reason in our sole and exclusive decision.
The Loddi Application may use GPS locator capabilities to identify your current location. If you decide to provide a mobile phone number and you check the relevant consent box when logged in to your account, you hereby represent that you are aware that you will receive and you expressly consent to receive SMS text messages, phone calls, emails, push notifications, in-app communications, and Web-based browser technology containing Commercial Content, such as Web beacons and or other chatbot applications from Loddi regarding the Services and as otherwise described in our Privacy Policy. You may be charged for such communications pursuant to your carrier contract. Additionally, by providing your contact information and/or connecting related accounts, you provide access and consent for Loddi to communicate with you via voice assistants, such as Siri, Alexa, and Google home or any other similar voice services.
Loddi may contact you using autodialed or prerecorded calls and text messages, at any telephone number that you have provided us, to: (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) infrequently poll your opinions through surveys or questionnaires; or (v) as otherwise necessary to service your account or enforce this Agreement, our policies, applicable law, or any other agreement we may have with you. Loddi may also contact you using autodialed or prerecorded calls and text messages for marketing purposes (e.g., offers and promotions), to which you agree by providing your mobile phone number (as specified above). Loddi may collect other telephone numbers for you and may place manual non-marketing calls to any of those numbers and autodialed non-marketing calls to any landline. Standard telephone minute and text charges may apply and may include overage fees if you have exceeded your plan limits.
Loddi works with the following carrier partners:
C Spire Wireless - https://www.cspire.com
Lleida - https://www.lleida.net/en
Verizon Wireless - https://www.verizon.com
U.S. Cellular- https://www.uscellular.com
T-mobile - https://www.t-mobile.com
Should you have any questions about your text plan or data plan, please contact your wireless provider.
If you do not wish to receive communications as specified above, you may change your communications preference (including withdrawal of your consent to obtain said communications) at any time, including through the communications preferences section of your account. You may refrain from receiving said communications via SMS also by sending the word STOP to a message you received or to 266-579. Please note that message and data rates may apply. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at [email protected].
Loddi may share your telephone number with its authorized service providers as stated in our Privacy Policy. These service providers may contact you using autodialed or prerecorded calls and text messages, only as authorized by Loddi, to carry out the purposes identified above.
Loddi may, without further notice or warning and in its sole discretion, monitor or record telephone conversations you or anyone acting on your behalf has with Loddi or its agents for quality control and training purposes, or for its own protection.
Loddi automated systems scan and analyze the contents of every message sent through its messages platform, including messages between users, to detect and prevent fraudulent activity or violations of Loddi’s User Agreement, including the incorporated terms, notices, rules, and policies. This scanning and analysis may occur before, during, or after the message is sent, or while in storage, and may result in your message being delayed or withheld. Loddi may store message contents, including to conduct this scanning and analysis.
Any personal information provided by you to Loddi or collected by Loddi and referred to above will be stored and processed by Loddi in accordance with our Privacy Policy.
If Loddi provides you with information about another User, you agree that you will use the information only for the purposes that it is provided to you. You may not disclose, sell, rent, or distribute a User's information to a third party for purposes unrelated to the Services. Additionally, you may not use User information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific User to do so.
The Services constitute a “commercial item” as defined at 48 C.F.R. 2.101, the Code of Federal Regulations relating to the use of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire any Loddi Application with only those rights set forth therein. If you are a Government End User, please consult first with your relevant legal department prior to use to confirm your use is compliant with the standards and policies under the Code of Federal Regulations.
You may not use, export, or re-export any Loddi Application, Loddi Card Reader Device or other aspects of the Services (or any copy or adaptation of the foregoing) in violation of applicable law, including, without limitation, United States and foreign export laws and regulations. You represent and warrant that you are not located in a 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 that you are not listed on any U.S. Government list of prohibited or restricted parties.
Loddi is not liable for any losses relating to chargebacks, fraudulent charges, or other actions by any User that are deceptive, fraudulent, or otherwise invalid ("Fraudulent Actions"). By using the Services, you hereby release Loddi from any liability arising from Fraudulent Actions. You will also use best efforts to promptly notify us of any Fraudulent Actions which may affect the Services. Loddi reserves the right, in its sole discretion, to terminate the account of any User that engages in, or enables any other User to engage in, Fraudulent Actions.
Customers shall be given the opportunity to register via an online, mobile, voice activated or offline registration form to create a Customer account, (hereinafter your “Account,”) that will allow you to receive information from us and/or to participate in certain features of the Services. We will use the information you provide in accordance with our Privacy Policy. By registering with us, you represent and warrant that all information you provide on the registration form is current, complete, and accurate to the best of your knowledge. You agree to maintain and promptly update your registration information so that it remains current, complete, and accurate. During the registration process, you may be required to choose a password. You acknowledge and agree that we may rely on this password to identify you. You are responsible for all use of your Account, regardless of whether you authorized such access or use, and for ensuring that all use of your Account complies fully with the provisions of these Terms of Use. Accounts may be cancelled via contact with [email protected].
You agree that you shall not sell, trade, or transfer your Account to any other person or entity.
The Services may contain the ability to communicate with other Users on one or more profiles, booking forms, platforms, comments sections, discussion forums, Web sites, landing pages, social media outlets, sales channels, and/or other interactive features, (hereinafter "Interactive Areas,”) in which Users and third parties may communicate. By participating in Interactive Areas, you agree and acknowledge that you:
Shall not upload, distribute, or otherwise publish to the Services any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material; and
Shall not threaten or verbally abuse other Users, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or "spam”; and
Shall not use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent suspension of use of the Services; and
Shall not personally attack another User. Personal attacks are a direct violation of these Terms of Use and are grounds for immediate and permanent suspension of use of the Services; and
Shall not use the Interactive Areas to distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services except for the sale of goods or services in the scope envisioned by the express purpose of the Services; and
Shall not upload, post or otherwise transmit any content that violates any law or engage in activity that would constitute a criminal offense or give rise to civil liability; and
Shall not post unauthorized commercial communications (such as spam); and
Shall not upload, post, or otherwise transmit any content that advocates or provides instruction on illegal activity or discuss illegal activities with the intent to commit them; and
Shall not upload, post, or otherwise transmit content that does not generally pertain to the designated topic or theme of any Interactive Area; and
Shall not impersonate any person or entity, including, but not limited to, any of our employees, or falsely state or otherwise misrepresent your affiliation with any person or entity; and
Shall not interfere with any other User's right to privacy, including by harvesting or collecting personally-identifiable information about other Users of our Interactive Areas or posting private information about a third party; and
Shall not engage in unlawful multi-level marketing, such as a pyramid scheme; and
Shall not upload, post or otherwise transmit any content, software or other materials which contain a virus or other harmful or disruptive component; and
Shall not interfere with or disrupt the Services or the Interactive Areas or the servers or networks connected to the same, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services and/or the Interactive Areas; and
Shall not facilitate or encourage any violations of these Terms of Use or any other Loddi policies; and
Shall not upload, post or otherwise publish any information (in a form of link or otherwise) on entities providing competitive services to Loddi.
Users agree and acknowledge that any profile they create may be edited, removed, modified, published, transmitted, and displayed by us, and they waive any rights they may have in having the material altered or changed in a manner not agreeable to them.
Should you submit, display, publish or otherwise post any content to an Interactive Area, (hereinafter “Submissions,”) you agree to grant to us and our partners and affiliates a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such Submissions in any and all media now known or hereinafter developed for hosting, indexing, caching, distributing, tagging, marketing, and for all other lawful purposes without the requirement to make payment to or seek permission from you or to any third party.
You represent and warrant that you own or have a valid license to use any and all Submissions and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any Submissions does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.
We shall have the right to monitor your Account in our sole and exclusive discretion.
Users wishing to participate in the Services may be asked to provide a valid mobile phone number through the Loddi Application and verify such number as instructed by us. To verify your mobile phone number, we will send you a code via text message to the mobile phone number you provided, and you must enter that code as instructed in the Loddi Application. If you change your mobile phone number, you must promptly provide and verify your new mobile phone number. When you provide your mobile phone number, you expressly consent to receive direct dial calls, autodialed and prerecorded message calls, and text messages at that number. Users wishing to participate in the Services may also be required to verify their identities, especially in the case of Payment Services. This may include but is not limited to providing proof of identity (such as via a passport or other photo-bearing piece of identification) and residence (such as via a current utility bill.) Loddi does not bear any responsibility and cannot be held liable for the verification or non-verification of a User’s identity.
Any personal information provided by you to Loddi and referred to above will be stored and processed by Loddi in accordance with our Privacy Policy.
You may establish certain default settings for your use of the Payment Services through the Loddi Application, such as your preferred payment card account. You may change these settings through the Loddi Application.
Loddi works with third-party websites, applications, and services (each a “Third-Party Platform,”) through whom our Booking Services and Payment Services may be facilitated. In accordance with our Privacy Policy, unless a Customer opt-outs by contacting us at [email protected], we may contact such Customers who access or otherwise use our Booking Services and/or Payment Services via such Third-Party Platforms at the email address or phone number provided to such Third-Party Platform by Customer.
Customers who book services with a SMB through Loddi may have the opportunity to leave a review (“Review”) for the SMB. In addition to complying with all requirements for reviews as may be set forth by the Federal Trade Commission (“FTC”) the rules for publishing and removing Reviews are as follows:
Loddi is not responsible for the content of any Review published by a Customer;
the Customer is allowed to provide a Review only in relation to the appointment that has been booked. SMB may request to remove the Review only if the SMB marks the appointment as a no-show within 24 hours from the scheduled appointment;
the Review shall relate only to the professional activities provided by SMB and be based solely on the personal experience of the Customer;
the Customer shall not publish Reviews that: (i) are false or intentionally misleading, (ii) contain harmful, defamatory or unethical content or violate the law, personal rights, in particular, they shall not contain vulgar or offensive expressions, refer to private and family life or call for violence or hatred, including racial, religious or ethnic hatred or against sexual minorities;
Loddi may refuse to publish a Review or to remove an already published Review if, in Loddi’s sole and exclusive opinion, it violates the Terms of Use or the provisions of law. However, Loddi does not settle disputes between SMB and the Customer and does not verify the veracity of Reviews;
removal of the Review is irreversible;
Customers shall be given the opportunity to provide their opinions about performed services of SMBs; therefore, requests for blocking the possibility of providing Reviews or deletion Reviews posted by Customers will not be considered unless the Review otherwise violates these Terms.
Reviews submitted by Customers who have used the services of a given SMB are marked with the tag 'Verified User by Loddi.' Regarding these reviews, Loddi ensures that they originate solely from Customers who have utilized the services of the specific SMB. Only after the SMB's Service has been fulfilled do Customers gain the ability to publish reviews. As for reviews that do not possess the 'Verified User by Loddi' tag, Loddi does not guarantee that such opinions come from Customers who have used the services of the specific Partner.
Loddi provides the Booking Services to Users for the purpose of assisting Customers in discovering and booking appointments with a variety of participating SMBs and of assisting SMBs in more efficiently managing their calendars and increasing their customer base. In response to a Customer’s online request for a SMB appointment through the Loddi Site or Loddi Application, Loddi directly contacts the SMB’s computerized database of appointments. The availability of appointments is determined at the time of User’s query and is provided by the SMB. Users understand and agree that Loddi does not independently verify the availability of any SMB and cannot be held liable for errors in a SMB’s calendar, such as double-booking or bookings that are not honoured by the SMB. Once an appointment is made by a Customer through the Loddi Site or Loddi Application, Loddi will provide confirmation of the appointment to both the Customer and SMB by email to the email address provided by said User upon registration. By using the Booking Services, Users agree to receive appointment confirmations and reminders by email, SMS, push notifications, and/or any chatbot-related or voice-assisted technology with which Loddi may engage. Loddi shall not be held liable in the event an appointment confirmation or reminder is not sent to or received by a User.
Loddi is committed to providing quality services to Customers and SMBs. To assist us in maintaining a consistently high level of service for SMBs and their patrons, Customers must make every reasonable effort to cancel any appointments that they will be unable to honor as soon in advance of the appointment as possible. You may cancel your appointment via the Loddi Site or Loddi Application. Appointments should not be canceled by calling the SMB directly. Some SMBs may require a debit or credit card number to finalize your appointment booking and place a hold on the SMB’s calendar. In order to use the Booking Services for these SMBs, you must provide valid debit or credit card information and a specific amount could be blocked or prepaid, and you may be required to cancel your appointment in accordance with the SMB’s stated cancellation policy, which will be disclosed at the time the appointment is made. Loddi uses this debit or credit card information as described in our Privacy Policy and shall have no liability for any charges made to the debit or credit card account for any failure to cancel your appointment in accordance with an SMB's cancellation policy. Please note that a cancellation fee may be charged only if the Customer has self-canceled the appointment through the processes described above or the SMB has recorded a no-show.
Be advised: you may be charged a cancellation fee indicated during the booking process or lose the amount blocked or paid, if you arrange a Booking Service, but cancel late or no-show, thus committing a breach of a stated cancellation policy of the SMB. In case it is not otherwise specified, the refund of any amount blocked or pre-paid rests solely with the SMB. Loddi shall have no liability for refunding such amounts to the Customers, nor is Loddi responsible for verifying whether the Customer has provided valid debit or credit card information or has sufficient funds in Customer’s bank account to complete a transaction.
Customers who cancel or fail to show up for multiple bookings may have their Accounts terminated, at the sole discretion of Loddi, in the event that such account activity is detrimental to orderly Booking Services with SMBs and members of the Loddi community.
User agrees to use the Booking Services only to book appointments at SMBs and then honor those appointments by arriving at SMBs on time and paying for the services booked and provided. Resale or attempted resale of appointments is prohibited and is grounds for, among other things, cancellation of your appointments or termination of your access to the Services.
Loddi may offer third-party payment services (the “Payment Services”) in order to allow Customers to pay bills at participating SMBs through the Loddi Application, through Tap to Pay, or via Loddi Card Reader. Specifically, Loddi collects and processes payments on behalf of SMB through Adyen N.V. and Stripe, Inc., a recognized professional payments processors. In order to use the Payment Services at a participating SMB, Customers must: (1) install the Loddi Application on a compatible mobile device; (2) make a reservation for the SMB through the Booking Services; (3) provide valid payment information through the Loddi Application as further described below; and (4) have an Account in good standing. Or, for Tap to Pay, by using their payment card or digital wallet with a Tap to Pay enabled device or Loddi Card Reader.There is no fee from Loddi to Customer to use the Payment Services; however, Customer’s mobile carrier’s standard text message and data charges may apply; you are responsible for any fees charged by your mobile carrier in connection with your use of the Payment Services and Loddi Application.
The prices and the terms of payment for SMB services are displayed at the time of booking via the Loddi Application; however, SMBs may modify or change these fees at any time, in their sole discretion. The Loddi Site and Loddi Application support both included and excluded tax systems. In the former, the prices presented are the final prices including all sales taxes, and, in the latter, such taxes will be added to the final price after the service is rendered. The decision as to which system should be used is up to the SMB.
In order to use the Payment Services, Customers must provide account information for at least one valid debit or credit card through the Loddi Application. Loddi uses this account information as described in our Privacy Policy. You may add, delete, and edit the debit or credit card account information you have provided from time to time through the Loddi Application. If you provide account information for more than one valid debit or credit card, you must select which debit or credit card you want to use to pay your bill.
To confirm that the payment card information you have provided is accurate, we may place a temporary $1.00 authorization hold on your debit or credit card at the time you provide your payment card information through the Loddi Application. After we verify that your payment card information is accurate, usually within a few days, the $1.00 hold will be removed. In no event will your payment card actually be charged for this $1.00 authorization.
To the extent permitted by applicable law and subject to our Privacy Policy, you acknowledge and agree that we may use certain third-party vendors and service providers (such as payment processors providers) to process payments and manage debit and credit card information.
By providing debit or credit card account information through the Loddi Application, you represent, warrant, and covenant that: (1) you are legally authorized to provide such information to us; (2) you are legally authorized to perform payments from the debit or credit card account(s); and (3) such action does not violate the terms and conditions applicable to your use of such debit or credit card account(s) or applicable law. When you authorize a payment using a debit or credit card account via the Loddi Application, you represent, warrant, and covenant that there are sufficient funds or credit available to complete a payment using the debit or credit card account. By using Booking Services, you acknowledge and accept the binding agreement to bear full financial responsibility for all Booking Services that you schedule using Loddi or information contained on Loddi.
When you indicate through the Loddi Application that you intend to pay your bill using the Payment Services, or where you use your payment card or digital wallet with a Tap to Pay enabled device or Loddi Card Reader, you authorize Loddi or the payment service provider to charge your debit or credit card for the full amount of the services to be rendered and any cancellation fees that you may incur at any time prior to or after the appointment time and date. You are responsible for timely payment of all amounts owed by you to Loddi and SMBs.
All the receipts for the transactions connected with the Payment Services are visible in your Account in the Loddi Application and/or Loddi Site. If you would like an emailed version or a paper receipt, you must request one from the SMB at the time of the transaction or service.
Loddi is not liable for any payments that the Payment Services do not complete because: (1) your debit or credit card account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit or overdraft protection of the debit or credit card account; (2) you have not provided us with correct payment account information; (3) your debit or credit card has expired; or (4) circumstances beyond our control (such as, but not limited to, power outages, interruptions of cellular service, or any other interference from an outside force) prevent the execution of the transaction. To the extent that any amounts owed cannot be collected from your debit, or credit card account through the Payment Services, you are solely responsible for paying the applicable SMB(s) by other means, such as cash, as required for the full value of the services scheduled and/or delivered.
Loddi, in cooperation with Stripe, Inc., a recognized professional payments processor, also offers its own payment method (the “Loddi Card Reader”). The Loddi Card Reader is based on the external Stripe, Inc. Point of Sale terminal solution and is integrated with the Loddi Application. The Loddi Card Reader is available in selected countries only.
In order to use the Loddi Card Reader, Loddi offers to SMBs in selected countries a dedicated physical Point of Sale device (the “Loddi Card Reader Device”) allowing the processing of card payments made by Customers in person at an SMB location. An SMB that wants to use the Loddi Card Reader may order the Loddi Card Reader Device through the Loddi Site or Loddi Application. In order to use the Loddi Card Reader, the SMB must: (1) complete the registration process through the Loddi Site or Loddi Application, (2) be verified by Stripe, Inc., (3) accept the terms and conditions of using the Loddi Card Reader established by Stripe, Inc., (4) pay the relevant purchase price for the chosen Loddi Card Reader Device, and (5) connect the Loddi Card Reader Device. For the avoidance of doubt, the provisions of Sections 4.6 to 4.9 of these Terms of Use are not applicable to the Loddi Card Reader.
Loddi will sell the Loddi Card Reader Device chosen by SMB for the relevant purchase price (the “Purchase Price”), which will depend on the type, including any features and specifications, of the Loddi Card Reader Device chosen by the SMB. Loddi reserves the right to change, at its sole discretion and without notice, the availability, types and Purchase Prices of any Loddi Card Reader Devices offered to SMBs through the Loddi Site or Loddi Application. While Loddi attempts to be as accurate as possible with respect product descriptions and information regarding the Loddi Card Reader Devices that it offers, Loddi does not warrant that product descriptions or information is accurate, complete, reliable, current, or error-free. Packaging of the Loddi Card Reader Device may vary from that shown, and the appearance of the Loddi Card Reader Device in reality may differ from how it appears to you.
The Purchase Price shall be transferred via acceptable payment methods determined by us at the time of ordering the Loddi Card Reader Device or as otherwise communicated to the SMB.
SMBs that wish to use our Loddi Card Reader shall be charged the Processing Fee for processing payments according to the current local pricing, as set forth in Section 6.15 of these Terms of Use.
Loddi, in cooperation with Stripe, offers contactless payment solutions (“Tap to Pay”). Tap to Pay is integrated with the Loddi Application.
In order to use Tap to Pay, Loddi offers to SMBs in selected countries an integration with Stripe via a subscription, allowing the processing of card and digital wallet payments made by Customers in person at an SMB location. An SMB that wants to enable Tap to Pay, can do so through the Loddi Site or Loddi Application. In order to subscribe to Tap to Pay, the SMB must: (1) complete the registration process, (2) be verified by Stripe, Inc., by completing Stripe’s Know-Your-Customer (KYC) requirements, (3) accept the terms and conditions of using Tap to Pay established by Stripe, Inc., (4) enable phone tracking as required by Stripe; (5) connect a NFC-enabled device.
SMBs that wish to use Contactless Payments shall be charged the Processing Fee for processing payments according to the current local pricing, as set forth in Section 6.15 of these Terms of Use.
The Loddi Card Reader and Tap to Pay are available in selected countries only. Loddi reserves the right to change, at its sole discretion and without notice, the availability of the Loddi Card Reader or Tap to Pay in a particular country or a part of a country. You may not use the Loddi Card Reader Device in a country other than the one to which your Loddi Card Reader Device has been initially shipped or, for Tap to Pay, from the location where you are licensed to do business. You must not circumvent any geographical availability requirements that we apply to the Loddi Card Reader or Tap to Pay.
Our ability to ship or permit the use of the Loddi Card Reader Device is always subject to applicable law and any restrictions and limitations that may be provided in our agreements with Stripe, Inc., as applicable. These may restrict our ability to ship the Loddi Card Reader Devices to or within a country or activate Tap to Pay within a jurisdiction.
You may only purchase the Loddi Card Reader Device or enable Tap to Pay for your own use, and you may not otherwise resell, rent, lease or distribute the Loddi Card Reader Device or your Tap to Pay account, or allow a third party to use Loddi Card Reader Device that you have purchased or your Tap to Pay-enabled device. You must not use the Loddi Card Reader Device or Tap to Pay for benchmarking or any similar purposes. Loddi reserves the right to refuse to sell or ship the Loddi Card Reader Devices or provide a subscription for Tap to Pay to any person we believe intends to use, resell, distribute or lease the Loddi Card Reader Devices or Tap to Pay subscription in a manner prohibited by these Terms of Use and any applicable terms and conditions of using the Loddi Card Reader Device or Tap to Pay set forth by Stripe, Inc. The foregoing limitations will not apply to the extent prohibited by applicable law.
You may purchase the Loddi Card Reader Device or subscribe to Tap to Pay for commercial purposes only, and you must not use, or allow any other person to use, the Loddi Card Reader Device or Tap to Pay subscription for personal, family, or household use.
You must not remove or change any copyright, trademark, trade name, logo, or other notice, legend, symbol, or label appearing on or in the Loddi Card Reader Device.
Loddi provides a one-year limited warranty against defective materials and faulty workmanship in a Loddi Card Reader Device. The warranty period starts on the date of your original purchase of the Loddi Card Reader Device from Loddi, and ends one year after that date. If you submit a claim during this warranty period that is within the scope of the limited warranty, and you follow our instructions for returning the Loddi Card Reader Device, we will, at our option and to the extent permitted by applicable law, either repair the Loddi Card Reader Device, replace the Loddi Card Reader Device, or refund to you all or part of the Purchase Price of the Loddi Card Reader Device. This limited warranty is provided by Loddi and applies only to unaltered hardware components of the Loddi Card Reader Device that are used in accordance with these Terms of Use and are not subject to accident, misuse, or neglect.
This limited warranty gives you specific rights and is personal to you. You may not transfer this warranty to any other person. You may have additional rights under applicable law, and this limited warranty does not affect those rights. To make a warranty claim, please contact us at [email protected]. We will provide you with information about how to return your Loddi Card Reader Device and obtain a replacement Loddi Card Reader Device.
You are responsible for installing, integrating and maintaining the Loddi Card Reader Device and Tap to Pay subscription, which includes updating the software and firmware provided by Stripe, Inc. or its designee on, or for installment on, a Loddi Card Reader Device or Tap to Pay subscription, and other software that Stripe, Inc. or its designee provides or makes available to you for installation on a Loddi Card Reader Device or Tap to Pay subscription, as may be required by Stripe, Inc. or the original equipment manufacturer from time to time under any software license agreement relating to the Loddi Card Reader Device or Tap to Pay subscription between you and Stripe, Inc. You are responsible for keeping your NFC-enabled device up-to-date with the latest software updates to ensure continuing Tap to Pay acceptance ability.
SMBs that want to use the Loddi Card Reader or enable Tap to Pay should take the following steps:
initiate the registration (onboarding) process via the Loddi Site or Loddi Application (available in “Payment Types” section); and
pass the verification process, including a KYC (i.e., Know Your Client) procedure, facilitated by Stripe, Inc. website, complete the required data and accept the terms and conditions of using the Loddi Card Reader or Tap to Pay indicated by Stripe, Inc.; and
order the selected Loddi Card Reader Device via the Loddi Site or Loddi Application, accept the applicable terms and conditions, provide shipping details and proceed with payment for the selected Loddi Card Reader Device; or
connect the Loddi Card Reader Device once received and complete the first transaction via the Loddi Card Reader Device; or
activate the Tap to Pay subscription and complete the first transaction via your NFC device.
SMBs that use the Loddi Card Reader and order the Loddi Card Reader Device or enable Tap to Pay enter into a relationship with Stripe, Inc., which acts as a provider of payment processing services. The terms and conditions applicable to this relationship and accepted by the SMB during (1) the Loddi Card Reader ordering process include the following, and are available at: https://stripe.com/legal (Stripe Service Agreement (US)); https://stripe.com/connect-account/legal (Stripe Connected Account Agreement (US)); https://stripe.com/terminal/legal (Stripe Terminal Services Terms (US)); https://stripe.com/terminal-purchase/legal (Stripe Terminal Purchase Terms (US)); https://stripe.com/terminal-device-eula/legal (Terminal Device Software License Agreement (US)); or the (2) Tap to Pay subscription include the following, and are available at: https://stripe.com/legal (Stripe Service Agreement (US)); https://stripe.com/connect-account/legal (Stripe Connected Account Agreement (US)) (collectively, the “Stripe Agreements”). Loddi does not enter into any legally binding obligation on behalf of Stripe, Inc. with respect to the Loddi Card Reader Devices that it resells or SMBs use of Tap to Pay.
You acknowledge and agree that your relationship with Stripe, Inc. is governed by the Stripe Agreements, and not by these Terms of Use. You are responsible for reviewing, understanding and accepting any terms and conditions provided for in the Stripe Agreements. You further acknowledge and agree that certain limitations and restrictions on the use of the Loddi Card Reader Device and Tap to Pay, in addition to those set forth in these Terms of Use, may be determined by Stripe, Inc. in the Stripe Agreements and apply to your use of the Loddi Card Reader Device or acceptance of Tap to Pay.
For the avoidance of doubt, Loddi acts as an authorized reseller and distributor of the Loddi Card Reader Devices or Tap to Pay subscription only. Without limiting, and in addition to, any other limitation of liability that may be provided under these Terms of Use, Loddi is not responsible for processing payments made via the Loddi Card Reader or Tap to Pay subscription, and Loddi will not be liable for any losses or damages that you may incur in connection with the processing of payments via the Loddi Card Reader or Tap to Pay subscription, or otherwise related to your relationship with Stripe, Inc. You waive any right to make a claim against Loddi for those losses or damages, if any.
All data required for completing the verification procedure via the Stripe, Inc. website and processing payments via the Loddi Card Reader or Tap to Pay subscription is exchanged directly between the SMB and Stripe, Inc. and our Privacy Policy is not applicable in this respect. The data exchanged between the SMB and Stripe, Inc. might be subject to Stripe, Inc.’s own privacy policies. You are responsible for reviewing, understanding and accepting any terms and conditions of such privacy policies, if any.
Any SMB’s data collected or processed by Loddi during the Loddi Card Reader or Tap to Pay registration process will be treated in accordance with our Privacy Policy.
Any complaints regarding the ordering process or the Loddi Card Reader Device or Tap to Pay subscription are handled by Loddi and should be addressed to [email protected].
In the case of a Customer searching for services or SMB(s), the Customer is presented with SMB Profiles that match all the search criteria specified by the Customer. The Customer can use filters ("Special Offers", "Mobile Services", "Online Services") and location to narrow down the search results. The Customer can also sort SMB Profiles based on the following criteria: "Sponsored first", "Distance" (nearest first), or "Reviews" (top-rated first).
The main parameters determining the positioning of SMB Profiles in the Customer's search results are as follows:
region - initially, the Customer is presented with SMB Profiles that meet the location criteria specified by the Customer or the location provided by the Customer through GPS;
distance - initially, the Customer is presented with SMB Profiles located closest to the Customer;
availability - initially, the Customer is presented with SMB Profiles that have an available time slot for the service of interest to the Customer;
business category - a SMB can specify whether a particular service belongs to their primary or additional business category. If the Customer searches for a specific service, the SMB Profiles that have defined the searched service as their primary business category are presented to the customer first;
service type - a SMB can specify the type of a particular service. If the Customer searches for a specific service by selecting its type, the SMB Profiles that have designated the same service type are presented to the Customer first;
ratings - initially, the Customer is presented with SMB Profiles that have the highest ratings based on reviews from other Customers;
gender - initially, the Customer is presented with SMB Profiles tailored to the gender specified by the Customer;
promotions - initially, the Customer is presented with SMB Profiles that offer the highest promotions at the time of the search;
profile views to completed visits ratio - Loddi analyzes the proportion of the number of profile views to the number of completed visits to a particular SMB. Initially, the Customer is presented with SMB Profiles that have the highest value in this aspect;
completed visits booked by the Customer - initially, the Customer is presented with SMB Profiles that have the highest number of completed visits that were self-booked by the Customer through the Application;
repeat visits - initially, the Customer is presented with SMB Profiles that have the highest number of repeat visits booked by various customers.
The purchase by a SMB of an optional, additional service from Loddi aimed at supporting the SMB in acquiring new Customers may also impact the search results displayed to the Customer. SMB Profiles that have availed of this additional service will be displayed higher in the Customer's search results.
SMB(s) who activate the Payment Services option for Customers may provide Customers with the opportunity to purchase electronic vouchers, entitling them to the use of SMB Services ("Gift Card").
The Customer can purchase a Gift Card:
through the Application on the profile of the respective SMB by clicking on the designated tab.
in person at the specific SMB’s location.
The Gift Card is activated only upon receipt of payment and is sent to the Customer's email address in PDF (or another) format.
The Customer pays for the Gift Card:
as described in the Gift Card description on the respective SMB's profile - when purchasing the Gift Card through the Application;
based on the terms agreed upon with the SMB - when purchasing the Gift Card in person at the SMB’s location.
SMB(s) that wish to offer the sale of Gift Cards through the Application shall be charged the Processing Fee for processing payments according to the current local pricing, as set forth in Section 6.15 of these Terms of Use.
The Customer may use the Gift Card exclusively at brick-and-mortar outlets by presenting the Gift Card to the SMB from which it was purchased.
SMB(s) are issuers of Gift Cards and shall be solely responsible for the sale and use of Gift Cards and for the proper performance of the SMB Services covered by Gift Cards. SMB(s) are also responsible for handling complaints and enabling the Customer to exercise their consumer rights. Loddi assumes no liability as referred to in this point. In order to submit a complaint or exercise consumer rights, the Customer is obliged to make direct contact with the SMB from which the Gift Card was purchased.
Detailed rules defining the provision and use of the Gift Card are specified by the SMB in the offer made available by the SMB in the System. In particular, the SMB may specify:
the scope or type of SMB Services;
the price and the value of the Gift Card expressed in currency (e.g. the price of the Gift Card is $ 100 and the value of the Gift Card is $ 120, which means that the Gift Card entitles to a SMB Service worth $ 120);
the validity period of the Gift Card, i.e. the last day on which the Gift Card may be used;
other additional information.
The terms set out by the SMB under which the Gift Card is provided and redeemed shall not exclude or restrict:
the provisions of the law in force, including consumer protection laws;
the rules for chargebacks, as set out in the respective terms and conditions of banks or payment cards/credit card operators/providers.
A Gift Card cannot be exchanged for cash without the consent of the SMB. The balance of the Gift Card is not subject to interest. The Gift Card is not an electronic payment instrument, an electronic money instrument or a payment card.
The Gift Card cannot be topped up (repeatedly).
The Gift Card is issued to the bearer. If the Gift Card is transferred to another person, the Customer transferring the Gift Card is obliged to inform the recipient of the Gift Card of the terms and conditions of using Gift Cards as defined in these Terms and Conditions and the SMB's offer.
If the Customer uses a SMB Service with a price that is lower than the value of the Gift Card, the Gift Card balance will be reduced accordingly, and the remaining amount will be available for use within the Gift Card’s validity period.
The Customer may use a SMB Service with a price higher than the funds available on the Gift Card by paying the difference with another method of payment.
The Customer may not use several Gift Cards for a single booking.
The Customer may check the balance and expiry date of the Gift Card by visiting their account in the Application or by contacting the SMB from which they purchased the Gift Card.
With the expiration of the validity period of the Gift Card, the Customer will lose the opportunity to use the Gift Card with the respective SMB. The validity period of the Gift Card cannot be extended. In particularly justified cases, including if the use of the Gift Card was impossible within its validity period for reasons beyond the Customer's control, the SMB may decide to extend the validity period of the Gift Card or issue a new Gift Card with a value corresponding to the expired Gift Card.
The SMB may decide to terminate the sale of Gift Cards at any time. Customers who have purchased Gift Cards by the closing date of the sale are entitled to redeem them under the existing terms and conditions.
The SMB is not liable for Gift Cards that are lost or damaged after they have been issued to the Customer. The SMB is unable to block a Gift Card in the event of its loss or damage.
In addition to the other terms contained in these Terms of Use, the following SMB Terms of Use shall be applicable to all SMBs.
In addition to the forgoing prohibited uses, our Loddi Application and the Loddi Site may not be used by a SMB to:
publish, distribute, offer, sell or cause us to do so on his, her or its behalf, any of the content, products or services, being or related directly or indirectly to: (hereinafter “Unauthorized Business” and “Unauthorized Content”):
(1) illegal or contrary to good morals or principles of social intercourse;
(2) drugs, tobacco, alcohol, other stimulants and tools intended for the production of the foregoing;
(3) pornographic, sexual (including escort or tantra), sexually suggestive, aiming to promote a particular service or product through a content of a sexual, ambiguous or unethical nature;
(4) adult entertainment oriented; and internet/mail order/telephone order of age-restricted products
(5) sales of firearms, ammunition, or weapons and other devices designed to cause physical injury;
(6) betting, including lottery tickets, sports related gambling, casinos;
(7) insurance or other financial merchandise; money transfers; independent financial adviser services or securities; pyramid selling or multi-level marketing;
(8) counterfeit or infringing on third party intellectual property rights (illegal software or downloads included);
(9) pharmacies or pharmacy referral services any other sales of products or services in highly-regulated industries;
(10) hate or harmful, invoking or supporting discrimination, violence or terrorism.
Violations of this requirement may result in (at the sole discretion of Loddi and without the need for any further notice) (“Corrective Actions”): (i) block or deletion of any of the Unwanted Content, (ii) temporary or permanent block of a given features or Services used by you, (iii) temporary or permanent block of your SMB Account, (iv) SMB Account termination. The commencement of any Corrective Action by Loddi, including Account termination, shall not relieve you from the obligation to pay the charges accrued for Loddi Services prior to a given Corrective Action.
In order to use and benefit from our Services as a SMB you must create an account through the Loddi Site or Loddi Application (“SMB Account”). By opening your SMB Account, you agree to comply with the Terms of Use, Privacy Policy and agree to provide Users with the services they booked with you in accordance with the Terms of Use. In addition, those terms and restrictions set forth in Sections 3.2 through 3.6 of these Terms for Customer Accounts shall apply equally to SMB Accounts.
When registering an SMB Account, you represent that you are authorized to act on behalf of the SMB and must provide true, accurate, current, and complete data about the SMB being registered. Such data may include KYC (i.e. Know Your Client) data, as requested by our payment processor. Be advised that our payment processor may reject any SMB if it fails the provider’s internal due diligence procedures. For more information, see the terms and conditions of our processor, Stripe, Inc. available at https://www.stripe.com.
You also agree to promptly update your SMB account to keep it accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your SMB Account and the information in your SMB Account, and, except as otherwise required by applicable law, you are solely responsible for all use of your SMB Account, whether or not authorized by you. You agree to immediately notify Loddi of any unauthorized use of your SMB Account or any other breach of security related to your use of the Services.
Registration of a SMB Account may or may not be free of charge, depending on the region of the SMB’s business activity or type of services provided, thus, you may have to pay a fee to register your SMB Account (“Registration Fee”). The exact amount of the Registration Fee will depend on type and location of your SMB. Loddi reserves the right to change, from time to time and in its full discretion, the locations or types of SMBs which benefit from the reduced or waived Registration Fee.
Registration Fees shall be transferred via acceptable payment methods as set forth by us at the time of registration or as otherwise communicated to the SMB. In addition to the Registration Fee, you agree that a specified fee will be periodically, monthly or semi-annually, depending on your arrangement with Loddi, transferred from said acceptable payment method account for placing your offers via Services and maintaining the SMB account (“SMB Subscription Fee”). The first SMB Subscription Fee will be transferred at the moment of registration along with the Registration Fee, if applicable. Loddi reserves the right to waive or reduce your SMB Subscription Fee for a certain period in its sole discretion, such as in the event of a free trial period. After such period, you will be presented with an offer of a certain SMB Subscription Fee and a pertinent amount will be transferred from your account if you agree to its conditions. Loddi reserves the right to block or delete the accounts of SMBs which do not transfer required fees.
You are obliged to inform Loddi about the true and actual number of staffers assigned to your SMB Account and update this information immediately, accordingly and without any further request. Failure to do so may result in additional staffers not covered by payments to Loddi being removed from the SMB account or your SMB Account being blocked or terminated (at Loddi's discretion).
Loddi works with third-party websites, applications, and services (each a “Third-Party Platform,”) through whom our Booking Services and Payment Services may be facilitated. In accordance with our Privacy Policy, unless a SMB opt-outs by contacting us at [email protected], we may automatically-create a SMB profile on such Third-Party Platforms using the information provided to us by the SMB upon the creation of a Loddi SMB Account, which may include: business name, address, telephone number, email address, hours of operation, schedule of availability, services offered, price list, reviews, and photographs. By using the Services, you grant us a license to use and disclose the same to such Third-Party Platforms and further warrant that the forgoing information provided by you to us will not infringe the rights of any third-party. The use of Third-Party Platforms and accounts thereon is subject to their own privacy policies and is not covered by these Terms or our Privacy Policy.
You can cancel your SMB Account by sending us an email on [email protected] or contacting Loddi through the in-app chat. However, Loddi will not refund you for the period already paid for, even if you were not using your SMB Account during that period, you received no bookings, or your offer was not listed in the Services. In case of a cancellation, we reserve the right to delete your SMB Account from our Services and in accordance with our Privacy Policy.
Please be advised that cancellation of a SMB Account with Loddi may not cancel or cause to be deleted a SMB account on a Third-Party Platform. To cancel or request to be deleted such accounts, SMBs should contact such Third-Party Platform directly.
All sales and accepted bookings shall be binding. SMB agrees and acknowledges that he, she, or it, and not us, shall be solely responsible for delivery of any and all purchased services to Customers and that a contract for sale arises at the point where a Customer utilizes the Booking Services to book a service. Every sale shall be subject to the laws applicable, but there shall not be implied any right that is not a legal right and that is not set down in these Terms.
In addition to the Unauthorized Business and prohibited use of the Services set forth in these Terms, SMB warrants that any and all services (a) are not: illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to any third party; (b) have not been identified by the U.S. Consumer Products Safety Commission and any other regulations set forth by the countries of SMB and Customer as hazardous to consumers and, therefore, are not services subject to a recall; (c) are not counterfeit; (d) do not offend against the law of any country whose citizens might purchase or receive the services; and (e) do not violate the rules and regulations promulgated by the U.S. Food and Drug Administration (“FDA”). SMB warrants further that he, she, or it owns all copyrights, trademarks and other intellectual property related to any SMB Account information provided to us or that SMB has the permission of the intellectual property rights holder (a) to place the Product(s) into the stream of commerce; (b) to receive the net proceeds of such sales as arise; and (c) to defend the intellectual property in the Product(s). Finally, SMB warrants and represents that he, she, or it has all licenses and authorizations required for performance of these Terms. Upon our request, SMB shall provide us with sufficient documentary evidence of such authorization or waiver. We are not obliged to require such documentary evidence, and the fact that we have not requested such documentary evidence shall not be deemed in any way as a statement as to whether or not such authorization or waiver is required.
Furthermore, it is illegal to use drug paraphernalia slang when referring to Products available for sale via the Web site.
Any and all governmental employees, agencies, and/or agents must identify themselves to us upon their entering the Loddi Site, and when ordering any products from the Loddi Site.
By listing services available for booking via the Booking Services, SMB must accurately describe the services it provides and all terms of sale. SMB’s listings may only include text descriptions, and other content relevant to the sale of that service and must be listed in an appropriate category with appropriate tags.
The SMB is responsible for the accurate maintenance and updating of its calendar to show current, correct availability for the Booking Services. In no event shall Loddi be held liable for double-bookings or other schedule-related errors.
SMBs shall utilize ethical selling tactics when promoting any and all services including refraining from the making of false and/or misleading statements regarding the services and/or SMB. SMBs expressly agree to conduct themselves at all times in an ethical, moral, and lawful manner. In order to assist with the same, Loddi may from time to time in its sole and exclusive discretion place limits on the types of communications that SMBs may send to Customers, including but not limited to mass targeted marketing campaigns via SMS text, email, or push notification.
In addition to the foregoing, SMBs shall not abuse any communication system made available via the Loddi Application or the Loddi Site, including the use of auto-responders. SMBs understand that such auto-responders may or may not be activated automatically upon registration of a SMB Account, depending on jurisdiction, and can be modified by SMB via its account settings.
In addition to the other requirements to comply with laws, regulations, and terms set forth herein, SMBs agree to obey any and all local, state, and federal regulations and laws regarding solicitation and sales.
Notwithstanding the foregoing, SMBs shall be free to choose on which social media platforms and through such other mediums and sales channels they promote their services and use of the Services, including the ability to choose his, her, or its own operation means, methods, locations, and hours.
An SMB may refuse to accept a booking made via the Booking Services for any or no reason whatsoever so long as such a refusal does not violate federal, state, or local laws, or any other rule or regulation.
SMBs must have in place via their service listing the following policies before they shall be permitted to conduct any transaction via the Services: pre-payment policies, cancellation policies, return policies, and payment policies in addition to such other policies as a SMB wishes to set forth. SMBs must create reasonable policies in good faith and must abide by such policies. In the event a policy fails to comply with these Terms of Use and/or is unreasonable in any way we may, in our sole and exclusive discretion, require SMB to revise said policy.
SMB that wish to use our Payment Services or the Loddi Card Reader or Tap to Pay will be charged a fee for processing payments according to the current local pricing, (the “Processing Fee.”) The Processing Fee will be calculated as follows:
for Payment Services - the amount of 2.69% of the transaction value + 0.3 USD;
for Loddi Card Reader - the amount of 2.49% of the transaction value + 0.1 USD;
for Tap to Pay - the amount of 2.49% of the transaction value + 0.2 USD.
The above Processing Fees may be subjected to discounts or promotions. Loddi will try to keep you informed about all relevant discounts or promotions. To inquire about them, contact us at points of contact indicated in point 2.3 of these Terms.
Such Processing Fee shall be subject to change without notice in our sole and exclusive discretion. Such Processing Fee is not refundable for any reason whatsoever, including in the situation where the SMB has to refund a purchase to a Customer.
If a Customer is not the authorized user of the payment method or otherwise contests the transaction, the amount of a transaction may be reversed or charged back provided that the transaction: (a) is disputed, (b) is reversed for any reason by the payment network, Loddi’s payment processors provider, or the Customer or its financial institution, (c) was not authorized or Loddi has any reason to believe that the transaction was not authorized, or (d) is allegedly unlawful, suspicious, or in violation of these Terms. For any transaction that results in a chargeback, Loddi will withhold the chargeback amount in a reserve from the amounts payable to SMB. We may recoup the amount of any chargeback and any associated fees and fines assessed by a network or our processor. In addition to the forgoing, be advised that Loddi may charge a chargeback processing fee. If you have pending chargebacks, we may delay payments, and if we reasonably believe that a chargeback is likely with respect to any transaction, we may withhold the amount of the potential chargeback from payments otherwise due to you until such time that: (a) a chargeback is assessed due to a Customer complaint, in which case we will retain the funds; (b) the period of time under applicable law or regulation by which your customer may dispute that the transaction has expired; or (c) we determine that a chargeback on the transaction will not occur. If we are unable to recover funds related to a chargeback for which you are liable, you agree to pay us the full amount of the chargeback immediately upon demand. You agree to pay all costs and expenses, including attorneys’ fees and other legal expenses, incurred by us for the collection of all amounts unpaid by you.
If we believe you might incur, or you are incurring, an excessive amount of chargebacks, we may establish additional conditions governing your account, including (a) establishing new processing fees, (b) creating a reserve in an amount reasonably determined by us to cover anticipated chargebacks and related fees, (c) delaying payouts, or (d) terminating or suspending the Payment Services.
We will assist you, when requested and at your expense, to investigate any of your transactions processed through the Payment Services, the Loddi Card Reader, or a Tap to Pay subscription. To that end, you permit us to share information about a chargeback with the Customer, the Customer’s financial institution, our payment processor, payment networks and your financial institution in order to investigate and/or mediate a chargeback. We will request necessary information from you to contest the chargeback. If the chargeback is contested successfully, we will release corresponding reserved funds to your account. If a chargeback dispute is not resolved in your favor by the network or issuing bank or you choose not to contest the chargeback, we may recover the chargeback amount and any associated fees as described in these terms. You acknowledge that your failure to assist us in a timely manner when investigating a transaction, including providing necessary documentation within seven (7) calendar days of our request, may result in an irreversible chargeback.
Where we, in our reasonable opinion, are required to do so by law, we reserve the right to withhold funds for services that we reasonably deem suspicious with regard to money laundering, Unauthorized Business, fraud, or other illegal activities or in case of any other chargebacks or revocations.
Once you create your SMB Account, through the secure form you will have the opportunity to designate a deposit account into which you wish to be paid out. Once funds for the Payment Services have been completed and are settled, they shall be available for withdraw. For U.S.-based SMBs, payouts shall automatically be transferred to your deposit account less any fees every business day. For all other SMBs, payouts are generally made to your designated deposit account less any fees within 2-3 business days.
Except as required by law, you shall remain solely and exclusively responsible for retaining permanent records of all transactions processed via your SMB Account Settings.
We are not responsible and accept no liability for any delay of payout. To inquire about a payout schedule for any particular transaction please review your Payment Report or contact Loddi at [email protected].
In the event your payout account becomes negative, you agree that we have the right to offset any incoming payments against the negative balance. Should you fail to bring your account to positive, we may block you from accepting further payments and institute legal proceedings for collection.
You agree to provide current, complete, and accurate deposit account information for payout. You agree to promptly update your SMB Account and other information, including your address, email address and bank account information, so that we can complete your transactions and contact you as needed.
Loddi may require the SMB to maintain deposits in an escrow account to act as a provision against chargebacks and refunds. The amount of such deposits will be determined by Loddi.
We will attempt to fix processing errors we discover. If the error resulted in your receipt of fewer funds than you were entitled, we will credit your SMB Account for the difference. If the error results in your receipt of more funds than you were entitled, Loddi will debit the extra funds from your SMB Account or your linked bank account. You shall remit to Loddi the difference within thirty (30) calendar days of demand therefore. We will only correct transactions that you process incorrectly if you notify us of such an error. Your failure to notify us of a processing error within thirty (30) calendar days of when it first appears on your electronic transaction history may be deemed a waiver of any right to amounts owed to you.
By accepting card transactions through the Payment Services, you agree to process returns of, and provide refunds and adjustments for your goods or services in accordance with these Terms. You are obliged to disclose your refund or cancellation policy to Customers at the time of purchase and/or booking, as applicable, and can refund transactions up to thirty (30) calendar days following the date of said transaction. The amount of the refund/adjustment must include any associated taxes required to be refunded and cannot exceed the amount shown as the total on the original sales data except by the exact amount required to reimburse the customer for postage that the customer paid to return merchandise. If your refund policy prohibits returns or is unsatisfactory to the Customer, you may still receive a chargeback relating to such sales.
Loddi will automatically process refunds on your behalf from your available balance or deposit amount and shall not be liable for refunds made in error or in violation of your own policies. If your available balance or deposit amount is insufficient to cover the refund, Loddi will withdraw the requested refund amount and credit it back to your Customer. Further refunds may be accepted but will only be processed once your account shows a positive balance. For every refund Loddi may charge a refund processing fee.
Loddi has no obligation to accept any returns of any of your goods or services on your behalf pursuant to the applicable Network Rules (as defined below.) By using the Payment Services, you agree to comply with all applicable bylaws, rules, and regulations set forth by the payment processing networks and Ayden N.V. (“Network Rules”). The payment processing networks amend their rules and regulations from time to time. Loddi may be required to change these terms in connection with amendments to the Network Rules. Significant portions of the Network Rules are available to the public at https://visa.com, https://www.mastercard.com, and https://www.americanexpress.com/merchantopguide. In the event of inconsistency between a Network Rule and these terms, and except as otherwise agreed between Loddi and the payment processing networks, the Network Rules shall apply.
We are entitled to set-off any and all claims against amounts payable to Loddi by SMB. In addition, to the maximum extent provided by law, we may collect any and all obligations due and owing by you to us by deducting them from your pending transactions in the deposit account. Fees shall be assessed at the time of transaction processing and will be deducted from the funds received. Your failure to pay all amounts due and owing shall be deemed an immediate breach of this Agreement for which you will be liable. You further agree to pay all fees and costs, including but not limited to attorneys’ fees and costs, incurred by or on our behalf arising from or related to the collection of any unpaid obligations by you.
In addition to any other fees set forth in these Terms, Loddi may also charge a SMB, at Loddi’s standard rates, for research, including, but not limited to, (i) research required to respond to any third party or government subpoena, levy or garnishment on a SMB account, and (2) research and activities necessary to verify and execute any payee change, whether pursuant to the Uniform Commercial Code (as discussed further below) or court order.
You also understand that, as provided under Section 9-406 of the Uniform Commercial Code, we may be required, upon receipt of a notice of assignment and payment direction from your secured party (for example, lender), to pay all or a portion of your fees as directed by your secured party. If we receive such a notice and direction, we will, after deducting our fees and expenses of compliance as provided above, make payments to your secured party as so directed without prior notice to you.
You are responsible for determining any and all taxes assessed, incurred, or required to be collected, paid, or withheld for any reason for your use of the Payment Services (“Taxes”). You also are solely responsible for collecting, withholding, reporting, and remitting correct Taxes to the appropriate tax authority. We are not obligated to, nor will we determine whether Taxes apply, or calculate, collect, report, or remit any Taxes to any tax authority arising from any transaction. If you are a SMB based in the United States and in a given calendar year you process (i) more than $20,000 in gross amount of payments and (ii) more than Two Hundred (200) payments, Loddi or its payment processor may be required by law to report information about you and your use of the Payment Services to the Internal Revenue Service (“IRS”). For purposes of determining whether you have met the IRS reporting threshold, the gross amount does not include any adjustments for credits, cash equivalents, discount amounts, fees, refunded amounts or any other amounts. Whether you reach $20,000 in payments or more than Two Hundred (200) payments will be determined by looking at our Payment Service information associated with your SMB Account. In order to be able to meet said regulatory obligations, before SMB meets the thresholds, we will need additional information, including a completed IRS form W9 for U.S.-based SMBs. We are entitled to block the Payment Services for a SMB that fails to provide us with all the needed information based on the applicable taxation rules and regulations.
We may, from time to time, offer additional products and services for purchase by SMBs, such as additional text messages, or payment processing hardware and technical support, and lead generation. Such additional products and services shall be subject to additional service fees, which shall be set out at the point of sale and subject to change in or sole and exclusive discretion and set forth in a separate agreement between the Customer and Loddi or a Loddi affiliate offering such products and services. In the event that such additional services include lead generation for SMBs, SMB agrees and acknowledges that it will be responsible for the payment of a commission to Loddi for first-time Customers who utilize the Booking Services. In such an event, Loddi and SMB shall agree in good faith on a set number of leads generated with Loddi retaining ultimate authority to determine the same.
You may, at any time, access your transaction history via your Account settings. Such history may include the ability to track commissions and inventory and otherwise receive statistics and reports on the performance of your SMB. While we endeavor to keep all such information complete, timely, and accurate, we do not warrant that all transaction history shall be error-free. You are encouraged to maintain your own transaction history and financial information and to verify the same with your corporate accountant. By using the Loddi Application and Loddi Site you acknowledge that your reliance on any such information provided by Loddi is at your own risk. Loddi shall not be held liable in the event such information is inaccurate or incomplete.
By using the Application, the SMB agrees that Loddi may collect and use its personal data and the personal data of its Customers, employees and associates. Loddi processes SMB’s personal data in accordance with the Privacy Policy. Some of the personal data that Loddi processes within the Application is not owned by Loddi but processed by Loddi on behalf of SMB. Loddi shall use the entrusted personal data only as described in the Personal Data Processing Agreement (Schedule 1).
Upon confirmation of the Reservation, a contract between the Customer and the SMB for the provision of Services by the SMB to the Customer is concluded. In addition:
the Customer may, in the Application for the Customer, grant to the SMB consents for the SMB to process personal data for purposes other than for the performance of the contract with the Customer and consents for marketing communications;
Loddi makes available to the SMB via the Application the personal data of the Customer needed for the SMB to provide Services to that Customer; and
the SMB becomes the data controller of such Customer's personal data, and is therefore obliged to comply with the principles set forth in the regulations.
The SMB acknowledges that termination of the Personal Data Processing Agreement will result in Loddi's inability to provide Loddi Services to the SMB under the Agreement to the extent requiring the processing of data of which the SMB is the data controller, and therefore, upon termination of the Personal Data Processing Agreement, Loddi's obligations in this regard shall cease.
When the SMB uses the tools available within the Loddi Services (e.g., appointment calendar, reminders, marketing) - Loddi processes the Customer's data on behalf of the SMB under the terms of the Personal Data Processing Agreement.
The SMB is also the data controller of the personal data of a Customer with whom it enters into a contract outside the Application (e.g., at a salon). If the SMB enters this data into the Application, it is still the data controller, and Loddi processes the data on behalf of the SMB under the Personal Data Processing Agreement.
Loddi is not responsible for the scope of Customers' personal data collected by SMBs and for the legality of the collection of such data by SMBs. The detailed obligations of the parties in this regard are contained in the Personal Data Processing Agreement.
This is an Agreement for access to and use of the Services, and you are not granted a license to any software or intellectual property by these Terms of Use. Services are protected by U.S. and, where applicable, international intellectual property laws. The Services belong to us and are the property of us or our licensors (if any). We retain all ownership rights in the Services.
Furthermore, all material displayed or transmitted on the Services, including but not limited to text, photographs, images, illustrations, video clips, audio clips, and graphics, (hereinafter “Materials,”) are owned by us and are protected by U.S. and international copyright, trademarks, service marks, and other proprietary rights, laws, and treaties.
Except as provided, you may not copy, reproduce, publish, transmit, transfer, sell, rent, modify, create derivative works from, distribute, repost, perform, display, or in any way commercially exploit the Materials carried on the Services, nor may you infringe upon any of the copyrights or other intellectual property rights contained in the Materials. You may not remove or alter, nor cause to be removed or altered, any copyright, trademark, or other proprietary notices or visual marks and logos from the Materials.
You may make a single print copy of any Materials provided by us on the Services for personal, non-commercial use only, provided that you do not remove or cause to be removed any copyright, trademarks, or other proprietary notices or visual marks or logos from the Materials. You may not archive or retain any of the Materials accessed on this Services without our express written permission. All requests for archiving, republication or retention of any part of the Materials must be in writing to us and must clearly state the purpose and manner in which the Material will be used. Requests for permission to archive, retain, or republish any part of the Materials may be submitted to [email protected].
You acquire no rights or licenses whatsoever in the Materials other than the limited rights to use the Services in accordance with these Terms of Use. Any of the Materials accessed or downloaded from this site must be accessed or downloaded in accordance with the Terms of Use specified in this Agreement. We reserve any rights not expressly granted under these Terms of Use.
You may have the opportunity to provide reviews, suggestions, ideas, and feedback, (hereinafter, collectively, “Feedback.”) Should you so provide such Feedback you grant us sole ownership of the same, which includes, without limitation, the right for us or any third party we designate, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed. All such Feedback shall be treated as non-confidential.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the content submitted by you, you hereby declare that (a) you do not require that any personally-identifying information be used in connection with the content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the content by us or our licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the content; and (d) you forever release us, and our licensees, successors and assigns, from any claims that you could otherwise assert against us by virtue of any such moral rights. You also permit any other User to access, view, store or reproduce the content for that User's personal use.
Notwithstanding the foregoing, you acknowledge that your Feedback may contain concepts, ideas, materials, proposals, suggestions, and the like relating to Loddi or its initiatives, (hereinafter your “Ideas.”) With respect to your Ideas you acknowledge that: (a) we receive numerous submissions from many parties and/or may have independently-developed and/or considered ideas similar to your Ideas, and that our review of your Ideas is not an admission of novelty, priority, or originality; and (b) our use of any ideas similar to your Ideas, whether based on your Feedback or Submissions, provided to us by third parties, or independently-developed or considered by us, shall be without obligation to you.
You agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in any content contained in any service listing or profile. You agree to allow Loddi to store or re-format your content and display your content in any way as we so choose. Loddi will only use personal information in accordance with our Privacy Policy.
As part of a transaction made via the Loddi Application, SMBs may obtain personal information, including payment information, a telephone number, and an email address, from a Customer/User. The precise scope of personal information collected by Loddi is described in our Privacy Policy.
This personal information shall only be used for that transaction or for Loddi-related communications and shall be held in strict confidence in accordance with our Privacy Policy. For more details on how the personal information is stored, processed and for which purposes is used by Loddi please refer to our Privacy Policy.
We have not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the Customer, SMBs are not licensed to add any Customer to an email or physical mailing list. For more information, see our Privacy Policy. This provision shall not apply to instances where a SMB adds its own Customers to the Mobile Application or otherwise obtains consent from a Customer to contact said Customer for purposes outside of the transaction and Loddi-related communications.
Subject to the terms and conditions of this Agreement, Loddi grants User a non-exclusive, non-transferable, revocable license to use the Loddi Application, in object code form only, on User’s compatible devices including but not limited to mobile devices, solely to support User’s permitted use of the Services.
If you believe any of the Services violate your copyright, notify our copyright agent in writing. The contact information for our copyright agent is at the bottom of this Section 7.6.In order for us to take action, you must do the following in your notice:(a) provide your physical or electronic signature;(b) identify the copyrighted work that you believe is being infringed;(c) identify the item that you think is infringing your work and include sufficient information about where the material is located so that we can find it;(d) provide us with a way to contact you, such as your address, telephone number, or email;(e) provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, its agent, or the law to be used in connection with the Services; and (f) provide a statement that the information you provide in your notice is accurate, and that (under penalty of perjury) you are authorized to act on behalf of the copyright owner whose work is being infringed.
Here is the contact information for our copyright agent:
Copyright Enforcement
Loddi Inc, 515 North State Street, Suite 460, Chicago, IL 60654
PLEASE NOTE: We cannot take action unless you give us all the required information.
We may, from time to time, run advertisements and promotions from third parties on the Services. Your dealings or correspondence with, or participation in promotions of advertisers other than us, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Services.
We may provide you with access to third-party tools and Third-Party Platform integrations over which we neither monitor nor have any control nor input. Information shall be shared with such third parties as set forth in our Privacy Policy.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools and Third-Party Platforms.
Any use by you of optional tools offered through the Services is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Services, including but not limited to the release of new tools. Such new features and/or services shall also be subject to these Terms of Use.
Certain content, products, and services available via our Services may include materials from third-parties.
Third-party links on the Services may direct you to third-party Web sites and/or services that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or Web sites and/or services, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party with whom you connect via the Services. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
You agree that use of the Services is at your sole risk. Neither us nor our affiliates nor any respective employees, agents, third-party content providers or licensors warrant that the use of the Services shall be uninterrupted or error free; nor do we make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy, reliability, or content of any information provided.
Any downloadable software, products, or other materials, without limitation, is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to any warranty of merchantability, fitness for a particular purpose, title, or non-infringement, or any warranty arising from a course of dealing, performance, or trade usage, other than those warranties which are implied by and incapable of exclusion, restriction, or modification under the laws applicable to these Terms of Use. Loddi does not warrant that your use of the Services will be uninterrupted or error-free, that Loddi will review the information or materials made available through the Services for accuracy or that it will preserve or maintain any such information or materials without loss. Loddi shall not be liable for delays, interruptions, service failures, or other problems inherent in use of the internet and electronic communications or other systems outside the reasonable control of Loddi. The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
Although all information and materials carried on Services are believed to be reliable, we make no representations, neither expressly nor impliedly, as to the accuracy, completeness, timeliness, or reliability of the Services.
To the maximum extent permitted by law, in no event shall we, our employees, subsidiaries, parents, agents, partners, third-party content providers, affiliates, vendors, and/or our or their respective directors and officers be liable for any injuries, losses, claims, or direct damages or any special, exemplary, punitive, incidental, or consequential damages of any kind, whether based in contract, tort, or otherwise, including but not limited to loss of profits, personal injury or death, property damage, reputational harm, or loss of information or data, and even if advised of the possibility of such damages, which arise out of or are any way connected with or relate to (1) this Agreement, (2) any use of the Services, hardware or accessories, materials, or the user content, (3) any failure or delay (including, but not limited to, the use or inability to use any component of the booking services or payment services), or (4) your visit to any SMB or the performance, non-performance, conduct, or policies of any SMB or Customer in connection with the Services. In addition, you specifically understand and agree that any third party directing you to the Loddi site by referral, link, or any other means is not liable to user for any reason whatsoever, including, but not limited to, damages or loss associated with the use of the Services. Loddi is neither an agent of nor otherwise associated with any SMB for which a Customer has made a reservation or paid a bill using the Payment Services.
We disclaim any and all liability of any kind for any unauthorized access to or use of your personally-identifiable information. By utilizing the Services, you acknowledge and agree to our disclaimer of any such liability. If you do not agree, you should not access or otherwise utilize the Services. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to certain Users.
The above limitations shall survive these Terms and inure to the benefit of us and our affiliates and respective directors, officers, employees, and agents. You and Loddi understand and agree that the disclaimers, exclusions, and limitations in this Section 9.1 are essential elements of this Agreement and that they represent a reasonable allocation of risk. In particular, you understand that Loddi would be unable to make the Services available to you except on these terms and agree that this Agreement will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.
You agree to defend, indemnify and hold us harmless, as well as our affiliates and vendors and respective directors, officers, users, and agents, from and against all claims, suits, and expenses, including attorneys' fees, arising out of or related to (a) your use of the Loddi Site and/or the Mobile Loddi Application; (b) your noncompliance with or breach of this agreement; (c) your use of third-party services, platforms, products, links, advertisements, and/or tools; (d) your violations of any third-party rights, including third-party intellectual property rights in submissions and feedback; (e) the unauthorized use of the Services by any other person using your information; (f) your failure to comply with the network rules or pci-dss security standards, including the compromise of any payment information.
You understand that SMBs and Customers are solely responsible for their interactions between each other and any and all claims, injuries, illnesses, damages, liabilities, and costs (“Claims”) suffered by you, your SMB as a result of your (or such recipient’s) interaction with a User or visit to any SMB or from any product or service of any SMB. You hereby release the Loddi from any and all such Claims. In connection with the foregoing, if you are a California resident, you hereby waive California civil code section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.” You hereby expressly waive and relinquish all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to the release of any unknown or unsuspected claims you may have against the Loddi pertaining to the subject matter of this Section 9.3.
This Agreement is made under and shall be governed by and construed in accordance with the laws of the State of Delaware for those Users who enter into this Agreement with Loddi, Inc, without giving effect to any principles that provide for the application of the law of another jurisdiction.
Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitration choice related to the controversy, dispute, demand, count, claim, or cause of action) between you and Loddi or its successors or assigns shall exclusively be settled through binding and confidential arbitrating.
Arbitration shall be subject to the UNCITRAL Arbitration Rules and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from UNCITRAL. As modified by this Agreement, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the UNCITRAL’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively, the “Rules and Procedures”). You are thus giving up your right to go to court to assert or defend your rights except for matters that you file in small claims court. Your rights will be determined by a neutral arbitrator and not a judge or jury. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are as enforceable as any court order and are subject to very limited review by a court. You and Loddi must abide by the following rules: (1) any claims brought by you or Loddi must be brought in the party’s individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding; (2) the arbitrator may not consolidate more than one person’s claims, may not otherwise preside over any form of a representative or class proceeding, and may not award class-wide relief; (3) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Loddi will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (4) Loddi also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (5) the arbitrator shall honor claims of privilege and privacy recognized at law; (6) the arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (7) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (8) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and, in such instance, the fees and costs awarded shall be determined by the applicable law.
Notwithstanding the foregoing, either you or Loddi may bring an individual action in small claims court. Further, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in New York, New York. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in New York, New York in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within New York, New York for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.
With the exception of subparts (1) and (2) in this Section (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting part was not contained herein. If, however, either subpart (1) or (2) is found to be invalid, unenforceable, or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor Loddi shall be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court located in Chicago, Illinois.
Should you have any questions, comments or concerns regarding the Services, you may contact customer service during business hours, Monday through Friday, 9:00 AM to 5:00 PM CT at (312) 544-9590 or via email at [email protected] or by postal mail at 4809 N Wolcott, Chicago, IL 60640.
We may have an affiliate relationship with third-parties and affiliates to whose products and/or services we link and promote through the Services. Because of this relationship, we may earn a commission on products purchased by a User from a third-party affiliate or partnership.
Each Party represents and warrants to the other that it has full power and authority to enter into this Agreement and that it is binding upon such Party and enforceable in accordance with its Terms.
Any waiver of any rights under these Terms of Use shall only be effective if agreed or declared in writing. A delay in exercising a right or the non-exercise of a right shall not be deemed a waiver and shall not prevent a party from exercising that right in the future. The rights and remedies herein provided are cumulative and not exclusive of any rights and remedies provided by law.
We shall not be bound to meet any obligation if prevented from doing so as a consequence of acts of God or force majeure, including but not limited to measures taken or imposed by any government or public authority or in case of any other event beyond the control of us, including but not limited to natural disasters (such as a storm, hurricane, fire, flood, earthquake), war, civil unrest, terrorist activities, states of emergency, government sanctions, embargos, nationalizations, strikes and breakdowns of public utilities (such as electricity or telecommunication services). We shall use all reasonable efforts to notify you of the circumstances causing the delay and to resume performance as soon as possible, both without undue delay.
This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned, or delegated in any manner by User, but may be freely transferred, assigned, or delegated by Loddi.
These Terms do not give any right to any third party unless explicitly stated herein.
The parties are independent contractors under these Terms, and nothing herein shall be construed to create a partnership, joint venture, or agency relationship between them. Neither party has authority to enter into terms of any kind in the name of the other party or of any third-party that may have a right pursuant to these Terms.
If any part of this Agreement is determined to be invalid or unenforceable by applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect.
Except as explicitly stated otherwise, any notices shall be given by postal mail to Loddi Inc, 515 North State Street, Suite 460, Chicago, IL 60654, and in the case of any User, to the email address you provide to us (either during the registration process or when your email address changes). Notice shall be deemed given twenty-four (24) hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us upon Account registration. In such case, notice shall be deemed given three (3) calendar days after the date of mailing.
From time to time, we may update these Terms of Use by prominently posting a notice of update to the Web site, by pushing a notice to registered Users of our Loddi Application, and/or by contacting you at the email you provided upon registration, so we encourage you to review them often.
All terms capitalized in this Personal Data Processing Agreement (“PDPA”) shall have the meaning given in item I of the Terms of Service to which this PDPA constitutes a schedule.
Other than as indicated in section 1 above, terms used in the PDPA shall have the following meanings:
Applicable Data Protection Laws – means all applicable laws, rules, and regulations, as amended from time to time, related to privacy and data protection that apply to the processing of SMB Personal Data under this PDPA, including, to the extent applicable, the California Consumer Privacy Act, as amended; and any other U.S. federal, state, or local privacy and data protection laws, rules, and regulations in effect.
Controller – a natural or legal person, public authority, entity, or other body that, alone or jointly with others, determines the purposes and means of Personal Data processing. Controller shall include the term business and other similar terms as defined in Applicable Data Protection Laws.
Data Processor – an entity that processes Personal Data on behalf of the Controller. Data Processor shall include service provider, processor, and other similar terms as defined in Applicable Data Protection Laws.
Personal Data – means any information relating to an identified or identifiable natural person (“data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular, by reference to an identifier such as a full name, an identification number, location data, an online identifier, or by reference to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. Personal Data shall include personal information and other similar terms as defined in Applicable Data Protection Laws.
All other terms from Applicable Data Protection Laws that appear in this PDPA, such as “business purpose,” “sell,” “share,” and “collect” will each have the meaning as defined in the Applicable Data Privacy Law.
Pursuant to this PDPA, the SMB, acting as the Controller, entrusts Loddi, acting as the Data Processor, with the processing of Personal Data to the extent specified in Part 3 of this PDPA.
The PDPA applies to any Personal Data processed on behalf of the SMB as the Controller in the Application using the Loddi Services under an Agreement concluded with Loddi.
The Personal Data referred to in section 1 above shall, in particular, include the following:
Personal Data of the SMB’s employees or associates, such as:
first name, surname, email address, telephone number;
Personal Data arising from the specificity of the Loddi Services to be used by the SMB under the Agreement, in particular, Personal Data relating to employees' and associates’ activity in the Application in relation to the SMB;
Personal Data of SMB’s customers, such as:
first name, surname, e-mail address, phone number, address (in case of mobile SMB’s Services);
Personal Data arising from the specificity of the Loddi Services to be used by the SMB under the Agreement, in particular, Personal Data relating to the Customer's booking history, including:
Customer Personal Data made available to the SMB by Loddi under the Agreement in connection with the Customer's booking of a SMB Service via the Application;
Personal Data of Customers and customers who have entered into agreements with the SMB outside of the Application, entered by the SMB into the Application or processed by the SMB in the Application in connection with the use of its functionalities;
if, as part of the Reservation process, the Customer has the option to grant consent for the processing of their personal data for purposes specified by the Partner or marketing consents for the SMB, then the Customer's Personal Data and other information processed by Loddi in connection with collecting such consents on behalf of the SMB are also covered by the scope of this data processing agreement.
Personal Data of SMB’s customers categorized as sensitive under Applicable Data Protection Laws, but only if:
Personal Data is entered into the Application by the SMB or by the provided by the Customer,
and/or if the necessity of entrusting them to Loddi by the SMB results from the specificity of the SMB Services provided to customers.
The processing of Personal Data under the PDPA takes place at the documented instruction of the SMB, for the purpose of performing the Agreement, this is particularly for the purpose of enabling the Partner to use all functionalities of the Application provided by Loddi, including but not limited to:
the entry into agreements between SMBs and Customers and the provision of SMB Services to Customers by SMBs, including maintaining a calendar of visits by the SMB;
adding the SMB’s staff and granting/revoking their accesses in the Application;
marketing of SMB Services;
direct marketing of SMB Services;
personalizing content for SMB’s customers;
researching Customer preferences regarding the demand for SMB Services (e.g., via telephone, text message, or email surveys);
performing binding legal obligations by the SMB; and
compiling reports, analyses, and statistics.
The Parties consider as documented the instruction referred to in section 1 above, the entry into the Agreement and the PDPA, as well as the SMB's selection of Loddi Services under the Agreement.
Loddi shall process the Personal Data entrusted to Loddi for processing by the SMB in a fully or partially automated manner, electronically via Loddi’s IT systems, including the Application, and in a traditional form (i.e., on paper).
The SMB declares that any Personal Data entrusted by them to Loddi for processing under the PDPA shall be obtained and shall be processed by them in accordance with the provisions of the Applicable Data Protection Laws and other laws that the SMB shall comply with. Loddi is neither obliged nor entitled to verify the lawfulness of the processing of the Personal Data entrusted to it for processing by the SMB.
The Parties shall provide each other with information to allow the Parties to carry out privacy assessments or other processing risk assessments related to the processing of Personal Data under the PDPA.
The Parties agree that if the SMB is obliged to provide notice to Customers, this obligation shall be carried out in accordance with the following provisions:
if Customer Personal Data is provided to the SMB in connection with the Customer’s booking of a SMB Service via the Application, Loddi shall, using the Application on behalf of the SMB provide the notice to Customers;
if Customer Personal Data is entered into the Application by the SMB, the SMB shall alone provide notice to such Customer.
The Parties agree that:
if Customer Personal Data is made available to the SMB in connection with the Customer’s booking of a SMB Service via the Application, Loddi shall use the Application on behalf of the SMB to collect the Customer’s voluntary consent for the SMB in order to provide the Customer with commercial information about the products and services offered by the SMB by means of electronic communication, including to an email address specified by the Customer, as well as within the website or the Application, and for the use of telecommunications terminal equipment and automated calling systems, including voice calls and text messages, for the purposes of direct marketing (collectively “Marketing Activities”), provided that the exact content of this consent is at the discretion of Loddi; and
if Customer Personal Data is entered into the Application by the SMB, the SMB shall independently collect the consent referred to in item (a) above from the customer.
Taking into account the nature of the processing, Loddi shall reasonably assist the SMB by appropriate technical and organizational measures to fulfill the obligation to respond to a data subject’s request in relation to their rights under Applicable Data Protection Laws.
If a data subject requests that Loddi update or delete the data subject’s Personal Data, remove the data subject’s consent for or opt-out of Marketing Activities, or otherwise fulfill their data subject rights pursuant to processing in the Application, Loddi will inform the SMB within seven (7) days of the request of the data subject. After such notice to the SMB, Loddi will be entitled to fulfill the data subject rights request within the scope available to Loddi within the Application and related to all carriers, programs, and applications used by Loddi that may process the data subject’s Personal Data.
If Loddi receives a data subject rights request related to Personal Data under this PDPA that is not related to processing in the Application, Loddi shall respond to such request by directing the data subject to the SMB and will provide the SMB with a copy of such request. If Loddi is legally obligated to reply to a data subject’s request, Loddi will notify SMB.
Taking into account the nature of the processing of Personal Data entrusted to Loddi by the SMB and the information available to Loddi, Loddi shall assist the SMB in complying with the SMB’s obligations under Applicable Data Protection Laws.
The SMB shall inform Loddi immediately, but no later than within five (5) calendar days of becoming aware of any proceedings (in particular, administrative or judicial regarding the processing of Personal Data entrusted for processing under the PDPA), of any administrative decision or any ruling regarding the processing of such Personal Data, as well as of any planned or ongoing checks and inspections regarding the processing of Personal Data entrusted for processing under the PDPA.
For processing of Personal Data on the SMB’s behalf that is subject to the California Consumer Privacy Act (“CCPA”) under this PDPA:
Loddi will process such Personal Data for the limited and specified purposes set out in this PDPA, in accordance with SMB’s documented instructions.
Loddi will not, except as permitted by the CCPA:
sell or share such Personal Data;
retain, use, or disclose such Personal Data for any purpose other than the business purposes specified in this PDPA or outside of Loddi’s direct business relationship with the SMB; or
combine such Personal Data with Personal Data from any other source.
Loddi will comply with its obligations under the CCPA.
Loddi will notify the SMB if its data privacy obligations cannot be met. At such notice, the SMB may take reasonable and appropriate steps to stop and remediate the processing of Personal Data.
Loddi shall allow the SMB or an auditor authorized by the SMB to carry out audits, including on-site inspections, relating to Loddi’s compliance with this DPA annually and Loddi shall cooperate with such audits. Upon written request, Loddi will provide its own current, relevant audit or inspection reports to the SMB for purposes of verifying Loddi’s compliance. Supplying such reports will replace the SMB’s right to audit or inspect Loddi for that twelve (12)-month period. The SMB will maintain the confidentiality of any audit or inspection reports provided.
SMB undertakes to make every effort to first exercise its right to audit by requesting written information and explanations, including the completion of an audit questionnaire, and to exercise the right to inspect processing locations (on-site inspection) only to the extent that the requested information cannot be obtained in a less burdensome manner.
The SMB’s right to an audit referred to in section 1 above may only be exercised during Loddi’s business hours (i.e., Monday to Friday between 9 am and 5 pm EST), excluding public holidays, and may not interfere with Loddi’s operations. Furthermore, the performance of an audit by the SMB must not lead to the disclosure of Loddi's trade secrets.
The SMB is obliged to inform Loddi of the planned on-site inspection at least fourteen (14) days in advance and provide a detailed scope of the planned on-site inspection.
If the audit involves Loddi providing the requested information or explanations or completing an audit questionnaire, SMB is obliged to grant Loddi a reasonable deadline for providing the information, no shorter than 21 calendar days.
The audit notification/request for providing information shall also include information about SMB’s choice of external auditor, if the SMB decides to engage one. The appointed auditor and any entity affiliated with them may not engage in any competitive activities against Loddi. Loddi has the right to make the audit subject to a non-disclosure agreement with the auditor.
All costs associated with the audit shall be borne by the SMB, except as required by Applicable Data Protection laws.
If any deficiencies are found during the audits, Loddi shall, if possible, rectify them within a period set by the Parties. If the deficiencies identified by the SMB are not remedied, Loddi shall inform the SMB of the reason for the failure to remedy these deficiencies.
The SMB gives its consent for Loddi to use other data processors (i.e., further data processors). If Loddi uses the services of further data processors to carry out specific processing activities on behalf of the SMB, the same obligations for the protection of Personal Data as set out in the PDPA shall be imposed on the further processor under the relevant written agreement entered into between Loddi and the further processor.
Loddi shall inform the SMB of Loddi’s use of further data processors and of any intended changes regarding the addition or replacement of further data processors, thereby giving the SMB the opportunity to object to such changes. Loddi shall inform the SMB of the aforementioned changes either via the Application or by means of a message addressed to the SMB and sent electronically (email).
The SMB is entitled to object to the changes in writing within seven (7) days of receiving information about the aforementioned changes and providing their justification. The Parties assume that the absence of an objection during this period shall imply the SMB's consent to the change of the further data processor. The SMB shall not object to the aforementioned changes without valid reasons.
If the SMB objects to a change involving the addition or replacement of further data processors in accordance with sections 2 and 3 above, it may not be possible to process Personal Data for the purposes set out in the PDPA. In such a situation, Loddi shall be entitled to terminate the PDPA without notice, and Loddi shall be indemnified from liability for the non-performance or improper performance of the PDPA or the Agreement caused by the inability to process Personal Data for the purposes specified in this PDPA.
Loddi shall oblige persons authorized to process Personal Data under the PDPA to maintain the confidentiality of the Personal Data to which they have access.
Loddi shall reasonably assist the SMB with meeting security obligations under Applicable Data Protection Laws.
The SMB shall use technical and organizational measures to ensure adequate safeguarding of Personal Data. Such technical and organizational measures include, in particular:
correct authentication within the Application;
an adequate level of security within the IT equipment used in the Application; and
correct processing, storage, and archiving of documents (including forms) containing Customer Personal Data and of any declarations and consents expressed by Customers.
The Parties shall notify each other immediately of potential breaches to the protection of Personal Data entrusted to Loddi for processing under the PDPA. In the event of a suspected breach of Personal Data protection, the Parties undertake to cooperate.
Information about a breach of the protection of Personal Data entrusted to Loddi for processing under the PDPA shall include at least:
a description of the nature of the breach and, where possible, an indication of the category and approximate number of persons whose Personal Data has been breached as well as the amount/type of Personal Data involved;
a description of the likely consequences of the Personal Data breach; and
a description of the measures implemented or suggested for implementation to address the breach, including to minimize its adverse effects.
Loddi shall have authority to determine the appropriate breach response for Personal Data processed on the Loddi application. The Parties shall consult the necessity and content of breach notifications relating to the protection of Personal Data entrusted to Loddi for processing under the PDPA to the supervisory authority.
Any liability of Loddi for the non-performance or improper performance of the PDPA, including for the provision or use of Personal Data contrary to the Agreement, and Loddi’s recourse liability towards the SMB, shall be limited to the amount equal to the net remuneration received by Loddi from the SMB under the Agreement during the three months preceding the occurrence of the damage.
If Loddi Services are provided by Loddi to the SMB for a period shorter than three (3) months preceding the occurrence of the damage, any liability of Loddi for the non-performance or improper performance of the PDPA, including for the provision or use of Personal Data contrary to the Agreement, and Loddi’s recourse liability to the SMB shall be limited to the amount equal to the net remuneration received by Loddi from the SMB under the Agreement during the period in which Loddi provided Loddi Services to the SMB.
The liability referred to in this clause of the PDPA shall only cover the direct damage incurred by the SMB (i.e., only the losses incurred by the SMB), and shall not cover the profits that the SMB could have achieved if the damage had not occurred.
In the event that Loddi and the SMB are jointly and severally liable and Loddi pays to the authorized entity full compensation related to the processing of Personal Data under the PDPA, the SMB shall reimburse Loddi, at Loddi’s request, the funds equivalent to:
a part of the damages corresponding to the part of the damage for which the SMB is liable (recourse claim), and
the difference between the amount of damages paid by Loddi corresponding to the part of the damage for which Loddi is liable and the amount indicated in section 1 above, in connection with the limitation of Loddi's liability described in this provision.
The PDPA is entered into between Loddi and the SMB as soon as the SMB accepts the content of the Terms of Service during the Registration process.
The PDPA is entered into, and Personal Data shall be processed, for the term of the Agreement, i.e., the PDPA is terminated without the need for any additional statements as a result of the termination or expiry of the Agreement.
Loddi may terminate the PDPA with immediate effect, without notice, if it is established that the SMB processes the Personal Data entrusted to Loddi in an unlawful manner.
In the event that Loddi processes the Personal Data entrusted to Loddi for processing under the PDPA contrary to the PDPA, the SMB may terminate the PDPA if Loddi cannot cease the violations within seven (7) days.
The termination referred to in sections 3 and 4 above shall be tantamount to the termination of the Agreement with immediate effect.
The termination or cancellation of the PDPA shall not relieve the Parties of their obligations to cooperate and provide explanations.
Within three (3) months from the date of termination of the PDPA or the receipt of a written request to delete the Personal Data from the SMB, Loddi shall:
erase the Personal Data entrusted to Loddi for processing under PDPA from all carriers, programs, and applications, including copies, or
irreversibly anonymize the data covered by the erasure request,
unless the obligation to process them further arises from separate legal provisions.
The Parties unanimously declare that the obligation to delete Personal Data, as indicated in section 6 above, refers exclusively to the Personal Data entrusted to be processed by the SMB under the PDPA and, in particular, shall not cover situations where Loddi, in accordance with the provisions of the Agreement, processes the same Personal Data as a separate Controller. In such a situation, Loddi shall cease processing Personal Data for the purposes set out in section 4(1) of the PDPA but may process it for the processing purposes it has specified.
The PDPA shall be amended in accordance with the procedure provided for amendments to the Terms of Service.
Any disputes arising from the PDPA shall be settled by a court of general jurisdiction having territorial jurisdiction for the registered office of Loddi.
If any provision of the PDPA proves to be invalid or ineffective, this shall not result in the invalidity of the PDPA. In such a situation, the Parties shall use their best endeavors to replace the provision deemed invalid or ineffective with a valid and effective provision, showing an intention as close as possible to the original intention of the Parties.
Last updated April 17, 2025