Terms of Service

Effective date: July 10, 2024

These Terms and Conditions ("Terms", "Terms and Conditions") govern your relationship with loach.app website (the "Service") operated by Smicovations ("us", "we", or "our").

Please read these Terms and Conditions carefully before using the Service.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

The Loach service is provided by Smicovations. These Terms and Conditions govern your use of our service. As used in these Terms and Conditions, "Loach service", "our service" or "the service" means the software-as-a-service provided by Loach for managing and tracking goals, such as OKRs, including all features, functionalities, our website, and user interfaces, as well as all content and software associated with our service.

Terms and Conditions

Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Loach cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Loach customer support team.

A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide Loach with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Loach to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, Loach will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Free trial

Loach may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial").

You may be required to enter your billing information in order to sign up for the Free Trial.

If you do enter your billing information when signing up for the Free Trial, you will not be charged by Loach until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, Loach reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

Freemium

Free Tier: Loach offers a free tier of service that allows users to use the platform with up to five (5) users at no charge. This free tier includes access to all features necessary for managing and tracking team OKRs.

Limitations: The free tier is limited to a maximum of five (5) users per organization. Additional users will require a paid subscription. Details of the available subscription plans can be found on the loach.app website under the "Pricing" section.

Upgrade to Paid Plans: If your organization exceeds the five (5) user limit, you will need to upgrade to one of our paid subscription plans. You can upgrade your plan at any time through the "Organization Settgings" section on the platform.loach.app website.

Changes to Free Tier: Loach reserves the right to modify the terms and conditions of the free tier, including the features offered and the user limit. Any such changes will be communicated to users with at least 30 days' notice. Continued use of the free tier after any changes signifies your acceptance of the new terms.

Promotional Offers

From time to time, Loach may offer special promotional offers or free trials ("Offers"). Eligibility for these Offers is determined at our sole discretion, and we reserve the right to revoke an Offer and put your account on hold if we determine that you are not eligible. Specific terms and conditions for each Offer will be provided during sign-up or through other communications.

Changes to Pricing and Subscription Plans

We may change our subscription plans and the price of our service from time to time. Any changes to pricing will be communicated to you with at least 30 days' notice before the changes take effect. If you do not wish to accept the new price or changes to your subscription plan, you have the right to cancel your subscription before the changes are applied.

To continue using the Loach service after a price change, your continued use will constitute your acceptance of the new price and/or subscription plan. If you choose to cancel your subscription due to a pricing change, you will continue to have access to the Loach service until the end of your current billing period.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Service use and restrictions

The Loach service is for your organization's internal use only. You agree not to share your access with individuals outside of your organization or use the service for purposes other than managing and tracking your company's goals as intended by the subscription plan.

Refunds

Payments for subscriptions are non-refundable. We do not provide refunds or credits for any partial subscription periods or unused Loach services. Refund requests may be considered on a case-by-case basis at our sole discretion.

Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes the copyright or other intellectual property infringement ("Infringement") of any person.

If you are a copyright owner, or authorised on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to the attention of "Copyright Infringement" of privacy@loach.app and include in your notice a detailed description of the alleged Infringement.

You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing your copyright.

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Loach and its licensors. The Service is protected by copyright, trademark, and other laws of both Europe (Netherlands) and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Loach.

Links To Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Loach.

Loach has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Loach shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Service availability

You may access the Loach service from any geographic location where we offer our service. However, the availability of certain features and functionalities may vary based on your location.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, if you breach these Terms and Conditions or engage in illegal or fraudulent use of the service. Upon termination, your right to use the service will cease immediately. If you wish to terminate your account, you may do so through the "Organization Settings" section of our website or by contacting our customer support team.

Limitation Of Liability

In no event shall Loach, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Loach its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Governing Law

These Terms shall be governed and construed in accordance with the laws of the Netherlands, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We may, from time to time, modify or replace these Terms and Conditions. If a revision is material, we will try to provide at least 30 days' notice prior to the new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our service after the revisions become effective, you agree to be bound by the revised terms.

Customer support

For more information about our service and its features, or if you need assistance with your account, please visit the Loach Help Center accessible through the platform.loach.app. Our customer support team is available to assist you with any issues or questions you may have.

Contact us

If you have any questions about these terms, please contact us by email: privacy@loach.app