Terms of Use

These Terms Apply to the Services of portal.loompact.com

Last updated: March 18th, 2021

Welcome to LOOMPACT, a service provided by LOOM Impact AG, Torstrasse 201, 10115 Berlin ("LOOM Impact","we""our", or"us").

These Terms of Use govern your organization’s (“You” or “Organization”) use of portal.loompact.com (the"Website" or “Platform”) solely for business purposes.

These Terms of Use, together with any other terms specifically referred to in any of those documents, all of which are incorporated by reference into these Terms of Use, constitute a legally binding contract (the"Agreement"), between you and LOOM Impact in relation to your use of the Website.

Please also be sure to review our Privacy Policy for more information on how we collect and use data relating to the use and performance of the Platform, as well as our responsibilities and your rights in relation to any processing of your personal data.

Acceptance of Terms of Use
Please read these Terms of Use and the Privacy Policy, very carefully.If you do not agree to any of the provisions set out in those documents, you should not use our Services.By registering an account, you represent and warrant that you have read and understood the Terms of Use and will abide by them.

Changes to Terms of Use
We reserve the right to change, alter, replace or otherwise modify these Terms of Use at any time, for example to address changes in the statutory law, changes in case law or changes in economic circumstances, in our discretion.

When we make any material changes to these Terms of Use or introduce paid subscription services of LOOMPACT, we will provide you with prominent notice under the circumstances, including for example displaying a notice within the Platform and/or by sending you an email to the email address that you have provided us or a message to your LOOM Impact account, and the revised Terms of Use will become effective six (6)weeks after such notification.

You will have no obligation to continue using the Platform following any such notification, but if you do not terminate your account as described in the Termination section below during such six (6) week period, we reserve the right to delete your Account.

Description of LOOMPACT
LOOMPACT is a platform solution for reporting & communication of KPI-based social & ecological effects (summarized commonly here as “impact”) along the United Nation’s Sustainable Development Goals (“SDGs”).

You’re able to register yourself and your Organization on our platform to report, assess & visualize your impact KPI data, as well as financial key parameters. The detailed report and/or the brief KPI overview (called “LOOMPACT Badge”) can be used as embeddable elements for the integration in your sites and/or social media posts. Moreover, you are able to use your presence on our platform to attract attention of potential investors or to report your impact KPIs towards your existing investors.

For trusts, foundations, funds or other financial instruments, it is possible to show the impact of your whole investment portfolio by using our whitelabel-reporting functionality. You’re able to use it to show primarily your non-financial KPIs along the UN SDG taxonomy on your websites or the social networks.

Furthermore, you are able to track the impact performance of listed organizations on our platform and save searches & filters and to get notifications based on your searches and filter criteria. If you are interested you are also able to get in touch with the listed organizations, e.g. for finding investment opportunities.

Sustainable Development Goals
LOOMPACT rightfully uses the SDG framework. The SDGs were set by the United Nations („UN“) in 2015 for the Agenda 2030 program. They're defining the most pressing challenges of mankind in 17 goal areas. For more official information on the SDGs from the UN click here. LOOM Impact is not the creator of the SDGs and the SDGs may change in the future at the discretion of the UN.

Your LOOMPACT account
You are obliged to register in order to set up a public profile on. If you register to use the Platform, you may set up a profile for your organisation and provide users with information about your organisation, especially about the positive and/or negative impact output/outcome effects in different SDG areas, possible external impact audit and/or certification results, your LOOMPACT impact maturity level, financial performance and valuation KPIs as well as other basic related information (name, description, contact details etc.). Please note that you are solely responsible for the information you provide. LOOM Impact is not obligated to verify or otherwise check the information you provide.

When you register to use the Platform, you will provide us with your name,surname, email address and/or account-ID and will choose a password for your account. You must ensure that the email address that you provide is, and remains, valid. Your email address and any other information you chose to provide about yourself will be treated in accordance with our Privacy Policy.

You are solely responsible for maintaining the confidentiality and security of your account-ID and password, and you will remain responsible for all use of your account-ID and password, and all activity emanating from your account, whether or not such activity was authorized by you.

If your account-ID or password is lost or stolen, or if you believe that your account has been accessed by unauthorized third parties, you are advised to notify LOOM Impact in writing, and should change your password at the earliest possible opportunity.

We reserve the right to disallow, cancel, remove or reassign certain account-IDs and permalinks in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend or terminate your account if activities occur on that account which, in our sole discretion, would or might constitute a violation of these Terms of Use or an infringement or violation of the rights of any third party, or of any applicable laws or regulations.

Your use of your LOOMPACT account
You must not use the Platform to post, store, transmit, display, copy, distribute, promote, make available, continue to make available or otherwise communicate to the public:

  • any Information that is abusive, libellous, defamatory, pornographic or obscene, that promotes or incites violence, terrorism, illegal acts, or hatred on the grounds of race, ethnicity, cultural identity, religious belief, disability, gender, identity or sexual orientation, or is otherwise objectionable in LOOM Impact’s reasonable discretion;
  • any information, Information or other material that violates, plagiarizes,misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right; or
  • any Information that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise is illegal or unlawful in LOOM Impact’s reasonable opinion;
  • any material of any kind that contains any virus, Trojan horse, spyware,adware, malware, bot, time bomb, worm, or other harmful or malicious component, which or might overburden, impair or disrupt the Platform or servers or networks forming part of, or connected to, the Platform, or which does or might restrict or inhibit any other user's use and enjoyment of the Platform; or
  • any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation.

You agree to comply with the above conditions at any and all times during your use of the Platform and acknowledge and agree that LOOM Impact has the right, in its sole discretion, to terminate your account or take such other action as we see fit if you breach any of the above conditions or any of the other terms of these Terms of Use. This may include taking court action and/or reporting offending users to the relevant authorities.

Your additional obligations and our rights
You are obligated to LOOM Impact as follows:
(i) All information you provide will be truthful and accurate. Your information will be kept up to date regularly. At least every six months, you have to update your account and (if existing) organization information as well as any reported KPI data. In case you miss to update your information, we may remind you to do so. If you do not update your information following a reminder from us, we may de-list and/or delete your account/organization/KPI-sets. For more information on our right to de-list and/or delete your account, please see our rights below.

(ii) Your Information, and each and every part thereof, is an original work by you, or you have obtained all rights, licenses, consents and permissions necessary in order to use at any and all times during any applicable use, and (if and where relevant) to authorize LOOM Impact to use, Your Information pursuant to these Terms of Use, including, without limitation, the right to upload, reproduce, store, transmit, distribute, share, publicly display, publicly perform, make available (including for listening offline) and otherwise communicate to the public Your Information, and each and every part thereof, on, through or via the Platform, any and all Services and any Linked Services.

(iii) Your Information and the availability thereof on the Platform does not and will not infringe or violate the rights of any third party, including, without limitation, any intellectual property rights, performers’ rights, rights of privacy or publicity, or rights in confidential information.

(iv) You have obtained any and all necessary consents, permissions and/or releases from any and all persons appearing in Your Information in order to include their name, voice, performance or likeness in Your Information and to publish the same on the Platform and via any Linked Services.

(v) Your Information, including any comments that you may post on the Website, is not and will not be unlawful, abusive, libellous, defamatory, pornographic or obscene, and will not promote or incite violence, terrorism, illegal acts, or hatred on the grounds of race, ethnicity, cultural identity, religious belief, disability, gender, identity or sexual orientation.

(vi) Your Information does not and will not create any liability on the part of LOOM Impact, its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and/or shareholders.LOOM Impact reserves the right to remove Your Information, suspend or terminate your access to the Platform and/or pursue all legal remedies if we believe that any of Your Information breaches any of the foregoing representations or warranties, or otherwise infringes another person's rights or violates any law, rule or regulation.

We reserve the following rights:

We reserve the right to check and verify the information you provide at our discretion. In this case, we may request from you all necessary information we need to verify the information you provided on the Platform. You are obligated to provide us with all this information. In case we discover that some of the information you provided on the Platform was incorrect, we reserve the right to de-list your account and/or delete your account at our discretion. In case we de-list your account, your information and account are not removed, but are not publicly available to users during the time of the de-listing. In case we delete your account, all your information will be irrevocably removed.

Notwithstanding the fact that LOOM Impact has no legal obligation to monitor the information on the Platform, LOOM Impact reserves the right to de-list or delete any information at any time, and to limit or restrict access to any information, for any reason and without liability, including without limitation, if we have reason to believe that such information does or might infringe the rights of any third party, has been uploaded or posted in breach of these Terms of Use or applicable law, or is otherwise unacceptable to LOOM Impact.

Liability for information
You hereby acknowledge and agree that LOOM Impact (i) stores information at the direction, request and with your authorization, (ii) acts merely as a host for the information you provide, and (iii) plays no active role and gives no assistance in the presentation or use of the information. You are solely responsible for all of the information you provide on the Platform and to the extent permissible by law, LOOM Impact excludes all liability with respect to all information.

You hereby acknowledge and agree that LOOM Impact i not obligated to review the information your provide, and neither LOOM Impact nor its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders has any obligation, and may, but does not undertake or assume any duty to, monitor the Platform for information that is inappropriate, that does or might infringe any third party rights, or has otherwise been uploaded in breach of these Terms of Use or applicable law.

LOOM Impact and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from any information provided by you on the Platform, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of abusive, defamatory, pornographic, or obscene material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by users of the Platform. By using the Platform, you irrevocably waive the right to assert any claim with respect to any of the foregoing against LOOM Impact or any of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders.

Reporting breaches
If you discover any information on the Platform that you believe infringes your copyright or is otherwise in breach of these Terms of Use, please report this to us by email to abuse@loompact.com.

Repeated breaches
LOOM Impact will de-list and/or delete your account information if we determine, in our reasonable discretion, that you have repeatedly breached these Terms of Use.

We will also delete your account without warning if ordered to do so by a court, and/or in other appropriate circumstances, as determined by LOOM Impact at its discretion. Please note we do not offer refunds to Subscription account holders whose accounts are terminated as a result of repeated infringement or any violation of these Terms of Use.

Backups
You are advised to save or back up any material and/or information that you have uploaded to your account. LOOM Impact does not create back-ups or copys of your material and information on the Platform.

Limitation of Liability and Indemnification
Claims of organisations for damages are excluded. Exempted from this shall be organisation‘s claims for damages arising from injury to life, limb or health or from the breach of essential contractual obligations (Kardinalspflichten), as well as liability for other damages based on an intentional or grossly negligent breach of contract or fraudulent intent by LOOM Impact. Essential contractual obligations are those whose fulfilment are necessary to achieve the objective of the contract. Claims under the German Product Liability Act (Produkthaftungsgesetz / ProdHaftG) shall remain unaffected.

In the event of a breach of essential contractual obligations, LOOM Impact shall only be liable for foreseeable damage typical of the contract and if such damage was caused by slight negligence, unless the organisation‘s claims for damages are based on injury to life, limb or health, fraudulent intent, breach of a guarantee of quality or liability under the ProdHaftG.

The aforementioned exemptions and limitations of liability shall apply equally to the organs, legal representatives, employees or other vicarious agents of LOOM Impact. The organisation shall indemnify and hold LOOM Impact harmless from and against all losses or damage incurred by LOOM Impact as a result of or in connection with any breach by the organisation of its obligations set forth in this agreement or in connection therewith, including reasonable costs of legal representation.

Data protection
All personal data that you provide to us in connection with your use of the Platform is collected, stored, used, disclosed and otherwise processed by LOOM Impact in accordance with our Privacy Policy. In addition, in common with most online services, we use cookies to help us understand how people are using the Platform, so that we can continue to improve the Services we offer.

Changes to the Platform, accounts and pricing
LOOM Impact reserves the right at any time and for any reason to suspend, discontinue, terminate or cease providing access to the Platform or any part thereof, temporarily or permanently, and whether in its entirety or with respect to individual territories only. In the case of any temporary or permanent suspension, discontinuation, termination or cessation of access, LOOM Impact shall use its reasonable endeavors to notify registered organizations of such decision in advance.

Termination
You may terminate this Agreement at any time by sending notice in writing to LOOM Impact at Torstrasse 201, 10115 Berlin, Germany, confirming such termination, by removing all of your information from your account, or by deleting your account and thereafter by ceasing to use the Platform. If you have a Subscription, and terminate this Agreement before the end of such Subscription, we are unable to offer any refund for any unexpired period of your Subscription.

LOOM Impact may suspend your access to the Platform and/or terminate this Agreement at any time if (i) you are deemed to be a Repeated breaches as described above; (ii) you are in breach of any of the material provision of these Terms of Use; (iii) LOOM Impact elects at its discretion to cease providing access to the Platform in the jurisdiction where you reside or from where you are attempting to access the Platform, or (iv) in other reasonable circumstances as determined by LOOM Impact at its discretion. If you have a Subscription and your account is suspended or terminated by LOOM Impact pursuant to (i) or (ii) above, you will not be entitled to any refund for any unexpired period of your subscription. If your account is terminated pursuant to (iii) or (iv), refunds may be payable at the reasonable discretion of LOOM Impact.

Once your account has been terminated, any and all information residing in your account, or pertaining to activity from your account (for example, data relating to the distribution or consumption of your sounds), will be irretrievably deleted by LOOM Impact, except to the extent that we are obliged or permitted to retain such information, data or information for a certain period of time in accordance with applicable laws and regulations and/or to protect our legitimate business interests. You are advised to save or back up any material that you have uploaded to your account before terminating your account, as LOOM Impact assumes no liability for any material that is irretrievably deleted following any termination of your account.

Applicable law and jurisdiction
(i) this Agreement is subject to the laws of the Federal Republic of Germany; and

(ii) you hereby agree, and LOOM Impact agrees, to submit to the exclusive jurisdiction of the courts in Berlin, Germany for resolution of any dispute, action or proceeding arising in connection with this Agreement.

The foregoing provisions of this Applicable Law and Jurisdiction section do not apply to any claim in which LOOM Impact seeks equitable relief of any kind. You acknowledge that, in the event of a breach of this Agreement by LOOM Impact or any third party, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against LOOM Impact, including with respect to Your Information, and your only remedy shall be for monetary damages, subject to the limitations of liability set forth in these Terms of Use.

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