Loom SDK Terms of Service

Please read this document carefully before accessing or using Loom SDK. Graciously adapted from myBalsamiq. Feel free to copy this TOS for your own use.


Introduction #

English, not Legalese#

Most Terms of Service and Privacy Policy documents are unreadable. They are written by lawyers and for lawyers, and in our opinion are not very effective.

Because we believe in establishing long-term relationships with our customers, we decided to use plain English instead, to make our terms as clear as possible.

Please don't forget that we are real people: take a look at our company page to get to know us a little. We are not perfect, but we're trying our hardest, because we genuinely care about your success.

When you read Loom SDK or we below, it refers to The Engine Company, LLC (contact information), its affiliates and agents.

Should you have other questions or concerns about this document, please send us an e-mail at support@theengine.co.

Using Loom SDK means accepting these terms#

By accessing or using Loom SDK in any way, whether you have created your own Loom SDK account or are invited to someone else's team as a member, or are just browsing around, you agree to and are bound by the terms and conditions written in this document.

If you do not agree to all of the terms and conditions contained in this document, do not access Loom SDK.

This is a living document#

This is a living document. With your help, we want to make it the best in the industry.

If you read something that rubs you the wrong way, or if you think of something that should be added, please get in touch! We're all ears! Email support@theengine.co and we'll chat.

We don't amend this document for any particular customer, but if your changes apply to all of our customers, we'll be happy to update it for everyone.

We will likely improve this document over time. By continuing to use the site, you will implicitely accept the changes we make.

Your access and use of Loom SDK is always subject to the most current version of this document.

Breach of Terms#

If you breach any of the terms and conditions in this document, your authorization to access or use Loom SDK automatically terminates. Any materials downloaded or printed from Loom SDK in violation of the Terms of Use must be immediately destroyed.

We may block, restrict, disable, suspend or terminate your access to all or part of Loom SDK at any time in our sole discretion, without prior notice or liability to you. To this day, we have never had to do this, and we hope it never happens.

If you think we removed your access by mistake, get in touch and we'll give you our reasoning. We also have a quick way to restore access without losing any of your data.


Support#

Support for Loom SDK is provided via our Community Forums.

Email support is not explicitly provided, as it is typically reserved for customers with a support contract. However, you can feel free to send us an email and we may respond. But we may just direct you to the forums. Support contracts are available, please contact us for more information.


Access to your data #

What personal data do you collect and why?

We collect the following personal data:

Name
E-mail address
Company Name

We do not collect Address or Credit Card information directly. See Who can see my credit card number? below.

We use return e-mail addresses to answer the e-mail we receive. Such addresses are not used for any other purpose and are not shared with outside parties.

Please be aware that your browser must be enabled to accept cookies from loomsdk.com in order for you to use Loom SDK.

Finally, we never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above.

Who can see my password?#

No-one. We never store your password unencrypted, so no-one can read it.

It is your sole responsibility to keep your user name, password and other sensitive information confidential. If you become aware of any unauthorized use of your account or any other breach of security, you shall notify Loom SDK immediately.

If you forget your password, we send you a secure link via email that lets you reset it.

Who can see my credit card number?#

No-one at Loom SDK. We use the very trustworthy and secure Stripe payment service. Read about their security measures on the Stripe Terms of Service (in short, they encrypt your credit card info).

Our Commitment to Children’s Privacy#

Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our website from those we actually know are under 13, and no part of our website is structured to attract anyone under 13.

How can I access or correct my information?

You can access all your personally identifiable information that we collect online and maintain by logging in to any Loom SDK site you have access to and visiting the settings pages.

Who can see my apps and projects?#

It depends on the project access level you choose for your projects. By default, each project is private, but the site owner or any staff member who's part of that project can make it public.

For private projects: the only people who can see your mobile applications and content are staff members invited to the project, project members, your site owner and some Loom SDK employees (for the purpose of maintaining the service).

If you send an image permalink or a prototype view link to someone, they will be able to access that image or prototype view, even without logging in. The link is intentionally very long and hard to guess.

For website, blog and wiki projects: anyone with a link to your site can see your apps and projects. Your public projects will also be indexed by search engines.

What are the guidelines Loom SDK follows when accessing my data?#

How is my data protected from another customer's data?#

All of our customers' data resides in the same database. We use software best practices to guarantee that only people who you designate as viewers of your data can access it. In other words, we segment our customer data via software. We do our best and are very confident we're doing a good job at it, but, like every other web app that hosts their customers data on the same database, cannot guarantee that a sophisticated hacker cannot access other people's data.

How are you protecting my data from hacker attacks?#

All of our servers are highly physically secured at the Linode's data centers. We also have our own practices in place, which follow the industry's best practices. We keep our servers always up to date with security fixes, have one-click ways to take down servers should they become infected/compromised and to create and deploy new clean ones.

What should I do if I find a security vulnerability in Loom SDK?#

If you have discovered a security concern, please email us at support@theengine.co. We’ll work with you to make sure that we understand the scope of the issue, and that we fully address your concern. We consider correspondence sent to support@theengine.co our highest priority, and work to address any issues that arise as quickly as possible.

Please act in good faith towards our users’ privacy and data during your disclosure. We won’t take legal action against you or administrative action against your account if you act accordingly: White hat researchers are always appreciated.


Intellectual Property Rights#

Who owns Loom SDK materials?#

Loom SDK materials are all the information, data, documents (e.g. white papers, press releases, datasheets, FAQs, etc.), communications, downloads, files, text, images, photographs, graphics, videos, webcasts, publications, content, tools, resources, software, code, programs and products on Loom SDK produced by Loom SDK.

Loom SDK materials are protected by copyrights, trademarks, patents, trade secrets and all other intellectual property and proprietary rights, and any unauthorized use of Loom SDK Materials may violate such laws and the Terms of Use.

You agree not to copy, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer Loom SDK service or Loom SDK Materials or any portions of them.

You agree that you will not decompile, reverse engineer or otherwise attempt to discover the source code of the software. Any copying or redistribution of the software is prohibited, including any copying or reproduction of the software to any other server or location for further reproduction, redistribution or use on a service bureau basis. Any unauthorized use, copying or distribution of the software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

The trademarks, logos and service marks displayed on this Site are the property of The Engine Company, LLC or other third parties. You are not permitted to use them without the prior written consent of The Engine Company, LLC or such third party that may own the Marks. Loom SDK and Loom SDK logo are trademarks of Loom SDK, licensed to The Engine Company, LLC.

Who owns the IP of my apps and assets?#

Loom SDK does not claim intellectual property rights over apps created on Loom SDK.

We leave it to each Loom SDK site owner to decide who should own the IP of the apps created using their Loom SDK site. We encourage site owners to make their policy clear to their site users, either via email or by posting it on their Loom SDK site

You acknowledge and agree that Loom SDK has no liability of any kind should anyone you granted access to your content modify, destroy, corrupt, copy or distribute it, or violate the terms of use or other limitations that you may impose on the use of your shared content.

Loom SDK does not pre-screen user materials that users provide or otherwise submit via Loom SDK; however, Loom SDK may remove any posted or submitted user materials from Loom SDK for any reason without notice in its sole discretion. By posting or submitting your user materials, you represent and warrant that you own or otherwise control all of the intellectual property rights and other rights to your user materials as described in these Terms of Use, including all the rights necessary for you to post or submit your user materials.

In addition, by posting or otherwise submitting your user materials that contain images, photographs, pictures, videos, webcasts or that are otherwise graphical in whole or in part (“Images”), you represent and warrant that: (a) you own the copyright in such Images, or that you have obtained all necessary license(s) from the copyright owner(s) of such Images to use such Images, or portions thereof, in keeping with your use in connection with Loom SDK and as otherwise permitted by these Terms of Use; (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use; and (c) you have received consent from any and all persons depicted in such Images to use the Images as set forth in these Terms of Use, including the distribution, public display, public performance and reproduction of such Images.

You are solely and entirely responsible for all of your user materials that you post or otherwise submit via Loom SDK. You shall assume all risks associated with the use of your user materials including any reliance on the accuracy, completeness or usefulness of your user materials. Loom SDK does not guarantee the accuracy, integrity or quality of your user materials. You acknowledge and agree that by accessing or using Loom SDK, you may be exposed to user materials from others that are offensive, indecent or otherwise objectionable.


Reliability#

Do you guarantee that Loom SDK will be accessible at all times?#

In short, we do not. Like all other cloud-based applications, we are vulnerable to the inherent unreliability of the Internet.

We monitor Loom SDK closely and have set up automated alarms to be notified (via email and SMS) when Loom SDK service is under stress, so that we can deal with the issue before it becomes a problem that might impact customer access.

You acknowledge and agree that Loom SDK shall not be liable for any failure to store your materials on Loom SDK at any time.


Play Nice Clauses#

Use of Loom SDK#

You agree that you shall not:

Materials and Services provided by third parties are governed by separate agreements accompanying such materials and services. Loom SDK offers no guarantees and assumes no responsibility or liability of any type with respect to the third-party services, including any liability resulting from incompatibility between a third-party service, Loom SDK materials, Loom SDK service or another third-party service. You agree that you will not hold Loom SDK responsible or liable with respect to the third-party services.

Special Treatment for Spammers#

In the event of your or others’ access to or use of Loom SDK service in connection with the transmission of spam unsolicited e-mail or postings in violation of these Terms of Use, you acknowledge and agree that Loom SDK would be irreparably harmed thereunder and that monetary damages would be an insufficient and ineffective remedy; therefore you agree that Loom SDK is entitled to obtain immediate injunctive relief against any such transmission (in addition to all other remedies available at law or in equity). Loom SDK may without restriction block, filter or delete unsolicited e-mail.

Restriction and Termination of Use#

Loom SDK may block, restrict, disable, suspend or terminate your access to all or part of Loom SDK at any time in Loom SDK’s sole discretion, without prior notice or liability to you.

Notification of Copyright Infringement#

Loom SDK will, in appropriate circumstances, terminate the accounts of users who infringe the intellectual property rights of others. Loom SDK will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”).

If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on Loom SDK or on sites linked to from Loom SDK, please provide written notification of claimed copyright infringement to the designated agent for Loom SDK (identified below), which must contain the following elements:

Loom SDK may include links that will take you to other sites outside of Loom SDK service. The linked sites are provided by Loom SDK to you as a convenience and the inclusion of the links do not imply any endorsement by Loom SDK of any linked site. Loom SDK has no control of the linked sites and you therefore acknowledge and agree that Loom SDK is not responsible for the contents of any linked site, any link contained in a linked site or any changes or updates to a linked site. You further acknowledge and agree that Loom SDK is not responsible for any form of transmission (e.g. webcasting) received from any linked site.

Advertisements and Promotions#

Loom SDK may run advertisements and promotions from third parties via Loom SDK in any manner or mode and to any extent. Your communications, activities, relationships and business dealings with any third parties advertising or promoting via Loom SDK, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely matters between you and such third parties. You acknowledge and agree that Loom SDK is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such non-Loom SDK advertisers on Loom SDK.

Warranties and Disclaimers#

The Loom SDK service and Loom SDK materials are provided by Loom SDK under these terms of use “as is” without warranty of any kind, either express, implied, statutory or otherwise, including, but not limited to, the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, Loom SDK makes no warranty that

  1. Loom SDK service and Loom SDK materials will meet your requirements;
  2. Loom SDK service and Loom SDK materials will be uninterrupted, timely, secure, or error-free;
  3. the results that may be obtained from the use of Loom SDK service and Loom SDK materials will be effective, accurate, or reliable;
  4. the quality of the site or any services or materials purchased or accessible by you will meet your expectations; and
  5. any errors or defects in Loom SDK service and Loom SDK materials will be corrected.

This Loom SDK service and Loom SDK materials may include technical or other mistakes, inaccuracies, or typographical errors. Loom SDK may make changes to the site, materials and services, including the prices and descriptions of any software or products listed, at any time in its sole discretion and without notice. The Loom SDK service and Loom SDK materials may be out of date, and Loom SDK makes no commitment to update the site, materials and services.

You acknowledge and agree that:

  1. Loom SDK does not control, endorse, or accept responsibility for any materials or services offered by third parties, including third-party vendors and third parties accessible through linked sites;
  2. Loom SDK makes no representations or warranties whatsoever about any such third parties, their materials or services;
  3. any dealings you may have with such third parties are at your own risk; and
  4. Loom SDK shall not be liable or responsible for any materials or services offered by third parties.

Loom SDK does not control or endorse the materials found in any services and specifically disclaims any liability with regard to the site, services and any actions resulting from your use of Loom SDK service and Loom SDK materials and participation in any services. Managers, hosts, project members and other third parties are not authorized Loom SDK spokespersons, and their views do not necessarily reflect those of Loom SDK. To the maximum extent permitted by law, Loom SDK will have no liability related to user materials arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Loom SDK also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user materials.

The use of Loom SDK service, Loom SDK materials or the downloading or other use of any materials is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data or other harm that results from such activities. Loom SDK assumes no liability for any computer virus or other similar software code that is downloaded to your computer from the site or in connection with any services or materials. No advice or information, whether oral or written, obtained by you from Loom SDK or via the site, services or materials shall create any warranty not expressly stated in the terms of use. Loom SDK will not be liable for any loss that you may incur as a result of someone else using your password or account with respect to the site or any services or materials, either with or without your knowledge.

Some states or jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the extent permissible, any implied warranties are limited to ninety (90) days.

Indemnity and Liability#

You agree to indemnify and hold Loom SDK and its officers, co-branders, other partners and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of:

  1. your user materials and any other content (e.g. computer viruses) that you may submit, post to or transmit through Loom SDK, including a third party’s use of such user materials or content (e.g. reliance on the accuracy, completeness or usefulness of your user materials);
  2. your access to or use of Loom SDK (including any use by your employees, contractors or agents and all uses of your account numbers, user names and passwords, whether or not actually or expressly authorized by you, in connection with Loom SDK);
  3. your connection to Loom SDK;
  4. your violation of thej Terms of Use;
  5. the actions of any member of your work group, including non-logged in users you have granted access to your Loom SDK site;
  6. your infringement of any third party’s intellectual property rights when using any of the software made available on Loom SDK;
  7. your violation of any rights of any third party;
  8. your access to or use of linked sites and your connections thereto; or
  9. any dealings between you and any third parties advertising or promoting via Loom SDK.
International Users#

The Loom SDK service can be accessed from countries around the world and may contain references to Loom SDK products, services and programs that are not available in your country. These references do not imply that Loom SDK intends to announce such products, services or programs in your country. The Site is controlled, operated and administered by The Engine Company, LLC and its affiliates from their offices within the United States of America and Italy. Loom SDK makes no representation that Loom SDK service and Loom SDK materials are appropriate or available for use at other locations outside the United States, and access to the Site from territories where the Site, the Services or Materials are illegal is prohibited. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws.

The export and re-export of Loom SDK Software are controlled by the United States Export Administration Regulations, and such Software may not be exported or re-exported to Cuba, Iran, Libya, North Korea, Sudan, Syria, or any country to which the United States embargoes goods. In addition, the Software may not be distributed to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.

By downloading Software, you are certifying that you are not a national of Cuba, Iran, Libya, North Korea, Sudan, Syria or any country to which the United States embargoes goods, and that you are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.

All Loom SDK Software, products and publications are commercial in nature. The Software and documentation available on this Site are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users (A) only as Commercial Items and (B) with only those rights as are granted to all other users pursuant to the Terms of Use and the applicable license agreement.

Limitation of Liability#

In no event shall Loom SDK, its officers, directors, employees, partners or suppliers be liable to you or any third party for any special, punitive, incidental, indirect or consequential damages or losses of any kind, or any damages or losses whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or if Loom SDK has been advised of the possibility of such damages or losses, and on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with:

  1. the access or use of or the inability to access or use Loom SDK service or Loom SDK materials;
  2. the statements or actions of any third party on or via the site, services or materials;
  3. any dealings with vendors or other third parties;
  4. any unauthorized access to or alteration of your transmissions, user materials or other data;
  5. any information that is sent or received or not sent or received;
  6. any failure to store or loss of data, files, materials or other content;
  7. any services available that are delayed or interrupted;
  8. any web site referenced or linked to from this site; or
  9. your access to or use of or inability to access or use any linked site.
Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages. Accordingly, the limitations and exclusions set forth above may not apply to you.

Governing Law and Jurisdiction#

The Loom SDK service (excluding linked sites) is controlled by The Engine Co, LLC from its offices within the state of Wisconsin, United States of America. By accessing Loom SDK, you agree that all matters relating to your access to, or use of, Loom SDK shall be governed by the statutes and laws of the State of Wisconsin, without regard to the conflicts of laws principles thereof. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of Lane county and the United States District Court for the state of Oregon with respect to such matters.


General#

The Terms of Use and other rules, guidelines, licenses and disclaimers posted via Loom SDK or in connection with the Materials and Services constitute the entire agreement between Loom SDK and you with respect to your access to or use of Loom SDK service and materials superseding any prior agreements between you and Loom SDK on such subject matter (including any prior versions of the Terms of Use). Notwithstanding the foregoing, to the extent that any terms set forth in the Terms of Use expressly contradict any terms of a written agreement between you and Loom SDK regarding the use of specific Services or Materials (including Service-specific terms of use and Software-specific licenses) (“Executed Agreement”), such contradictory terms set forth in the Executed Agreement shall govern. You may also be subject to additional terms and conditions that may apply when you use other Loom SDK services, third party content or third party software. You may not assign or otherwise transfer the Terms of Use nor any right granted hereunder without Loom SDK’s prior written consent. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by Loom SDK to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms of Use are purely for convenience and carry with them no legal or contractual effect.