Terms of Use

1.          Acceptance of Platform and Services conditions

1.1       The access and use of our website accessible at https://loopeye.net and our web application accessible at https://webapp.loopeye.net (together the “Platform”) as well as without limitation our services of any different kind related to your subscriptions or other added value services, and any other services available on the Platform (together the “Services”) are provided by Smartoperations, Mr. OIivier Houart, Chemin du Suchet 3, 1805 Jongny, Switzerland (“Smartoperations”).

1.2       Any access and use of the Platform and the provision of the Services are subject to these Terms of Use set out below, as may be amended from time to time (the “ToU“). Anyone who accesses, browses and/or uses the Platform and/or any of the Services through whatever platform acknowledges to have read, understood and agreed to these ToU.

1.3       The Services may contain links to third party platforms maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by us of the content on such third-party platforms and we hereby disclaim any representations and warranties regarding the content or accuracy of materials on such third-party platforms.

1.4       The ToU may be amended from time to time and such amendments shall be notified to visitors on the Platform or, if you are a User (as defined in Section 2.1), via the email address you provided to us. By continued use of the Platform and/or the Services after any amendment of the ToU, you agree to be bound by any such amendment.

2.          Registration

2.1       Certain Services and sections of the Platform require registration and sign-in before they can be accessed and/or used. Provided you have unrestricted legal capacity, you may register on the Platform in order to create a personal and password protected account (the “Account”) and become a registered user as “General User”” (together the “Users”).

2.2       Users warrant that all information provided to us in the registration process or otherwise is true and accurate. Users shall keep such information up to date at any time.

2.3       Any User who creates and/or uses an Account for a company represents and warrants that (i) he/she is the rightful representative of this company with signature right or is otherwise duly authorized to create such Account; and (ii) he/she is fully authorized to use such Account, in particular to publish information on behalf of such company.

2.4       As a User you must be 16 or older to create an account with us.

2.5       As a User, you agree to keep your login and password confidential. You acknowledge that you are fully responsible for the use that is made of your Account, including any third party use irrespective of whether you authorized such use or not. You shall be fully liable for any losses and/or damages that may result from any such use. You agree to immediately notify us of any unauthorized use of your Account or any other breach of security.

2.6       We reserve the right to temporarily or permanently disable any passwords, login details (including access to your Account) and to cancel your Account, at any time without notice and without any compensation, for any reason whatsoever.

3.          Subscription Fee

3.1       Smartoperations may at its sole discretion offer a Subscription with a free trial for a limited period of time (“Trial period”) and a free subscription access to a limited version of the Services (“Free version”).

3.2       Once you have created your account using your email address, you can access the Services in the following ways:

3.3       You can use the Services free of charge for the Trial Period available to you during the onboarding process (the “Trial Period”). Your applicable Trial Period will be notified to you at the time of signing up. During your Trial Period, you will have access to the Free version  with its limitation on number of subscriptions you can manage within the Platform. On top of the Free version you will have access to Services that are normally only given access in the paying plans, like recommendation and automation services, etc. 

After the Trial Period, you can continue using the Services and access your General User content by purchasing a non-reimbursable “Subscription Fee” for an additional time period communicated to you via the Services e.g., monthly or yearly subscription (the “Subscription Period”) or use the Free version with all its limitations.        
The Subscription Fees including applicable taxes will be charged at the time of transaction (direct billing)For more details please see Subscriptions prices here: https://loopeye.net/pricing

3.4       Rates and prices indicated on the Platform are in US dollars (USD or $). We may provide you with the current exchange rate without warranty of any kind (see Section 15 below which applies). 

3.5       The payments can be done through the online portals of PayPal or Stripe. A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide Smartoperations or its third-party payment processor, with accurate and complete billing information including full name, address, state, zip code, and valid payment method information. By submitting such payment information, you automatically authorize Smartoperations to charge all Subscription fees incurred through your account to any such payment instruments. You further agree to be responsible for all taxes associated with the Service, along with any transaction fees and currency conversions added by your financial institution and intermediaries.

3.6       Payments for Subscriptions are due upfront at the beginning of the Subscription Period and will be charged to you on the first day of each Subscription Period.     

3.7       Suspension of the Services. If any charge owing by Customer is thirty (30) days or more overdue, Smartoperations may, without limiting its other rights and remedies, suspend the Services until such amounts are paid in full.

3.8       We do not collect or store any of your payment information. Payment of subscription fees is managed by our third party partners and will be subject to their terms.

3.9       Unless specifically stated otherwise, any new features, services or software applications introduced shall be subject to these Terms.

4.          Renewals and cancellation

4.1       Unless you opt in of auto-renewal for your Subscription which can be done through your account settings your current Subscription will NOT automatically renew at the end of your current Subscription Period for the same Subscription Period and you will NOT be charged in full for the renewed Subscription.       
If you opt in for auto-renewal of the Subscription, Fees for all subsequent Subscriptions (after your initial Subscription) will continue to be billed to your Payment Method until cancelled. You must cancel your Subscription before it renews in order to avoid billing of the next Subscription Period’s fee to your Payment Method. We will send you an email reminder before you are charged in accordance with this Renewal Section.

4.2       Smartoperations, may increase the price for Subscription Fee upon providing you with a (30) days’s prior written notice. If you do not agree with the increase, you can choose to cancel your subscription see section 4.3 below 

4.3       By default you have no auto-renewals in place. If you have opt in for auto-renewals, you can cancel this renewal in your settings on the Platform or by sending us an email here: [email protected].      
You must cancel your Subscription before it renews in accordance with these Terms in order to avoid being charged the subscription fee for the next payment period.          
Where you cancel your Subscription before it expires, you will continue to have access to the Services for the remainder of your Subscription period, however, you are not entitled to a pro-rated refund for this period. 

4.4       In addition to your cancellation rights set out above, under applicable consumer protection law, you may have the right to change your mind in relation to an initial Subscription within 14-days of purchasing it, provided you have not received any Services under it. This is not cumulative with our 30-days cashback guarantee offer.

5.           Refund Policy

5.1       You may cancel your account for any reason within 30 days of your initial purchase and you will receive a full refund of the amount you paid (“Money Back Guarantee”).

5.2       Refunds beyond the 30-day purchase window will be considered, at the sole discretion of Smartoperations.

5.3       Refunds are generally processed within seven (7) days, and are made to the original form of payment used for purchase. All refunds are sent in USD and therefore the refund amount could differ from the amount originally paid in local currency. We have no obligation to refund any exchange fees and amount due to time difference in the transactions.

5.4       Any change to the original purchase, such as upgrading to an extended billing term or purchasing of additional licenses under the same account, shall constitute a waiver of the Money Back Guarantee option. To request a refund under the Money Back Guarantee, send an email with your request to the following email address: [email protected]

6.          User Content

6.1       Users registering on the Platform as General Users are granted the possibility to post on, transmit through, or link from the Services text, images, photos or other materials (the “General Users Content”) to manage their subscriptions.

6.2       You understand and agree that all General User Content posted on, transmitted through, or linked from the Services, is the sole responsibility of the General User from whom such General User Content originates. We have no liability related to the General User Content, whether arising under intellectual property laws, libel, privacy, obscenity, or otherwise.

6.3       You represent and warrant that your General User Content: (a) shall not infringe any intellectual property right, or other proprietary right or right of publicity or privacy; (b) shall not violate any law or regulation; (c) shall not be defamatory or trade libelous; (d) shall not be obscene or contain pornography; (e) shall not include incomplete, false or inaccurate information about yourself or any information about any other individual or company; (f) shall not be inadequate or inadequate language; and (g) shall not contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

6.4       We reserve the right (but not the obligation) to take any action with respect to the General User Content, if we believe that it may create liability for us or may cause us to lose the services of our Internet service providers or other suppliers and/or providers.

6.5       We cannot, nor do we undertake any obligation to, control the General User Content. By its very nature, the information in the General User Content is changed frequently, may be inaccurate and in some cases may be mislabeled or deceptively labeled. We do not make any representation or warranty, express or implied, as to the accuracy, timeliness, or completeness of such information, nor do we undertake to verify, update or correct such information. We also do not make any representation or warranty, express or implied, regarding any General User Content. We reserve the right to adjust, refuse or remove any General User Content at our sole discretion, in particular to comply with any applicable law.

7.          Restriction of permitted use and licence.

7.1       You are not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any information of other Users, software, products or Services available on the Platform for any purpose not permitted under these ToU.

7.2       You represent and warrant that your use of the Platform and/or the Services does and will not infringe upon any third party rights.

7.3       Subject to your compliance with these Terms, Smartoperations grants to you a non-exclusive and limited license to use the Software. Modifying, distributing to unauthorized parties, reverse engineering, or otherwise using the Software in any way not expressly authorized by Smartoperations is strictly prohibited.

7.4       Usage of any material which is subject to Smartoperations’s intellectual property rights is prohibited unless you have been provided with explicit written consent by Smartoperations.

8.          Language and Translation of Content

8.1       All of our Content was originally written in English. Any translation of our Content is done on a best-effort basis. We cannot guarantee the accuracy of translated Content. In the event of any discrepancy between the translated Content and the English Content, the English Content shall prevail.

9.          Limited rights you grant to Smartoperations as your agent.

9.1       By accessing and using the Services which aggregate third-party financial account transactions and data, you expressly authorize and direct Smartoperations, on your behalf, to electronically retrieve your account information maintained by third-party financial institutions with which you have a legally binding customer relationship. In this process you are submitting information, data, passwords, usernames, PINs, other log-in information, materials and other content to Smartoperations through the Services, you are licensing that content to Smartoperations for the purpose of providing the Services. Smartoperations may use and store the content, and may work with one or more third party financial service technology providers to access and retrieve your Account Information in accordance with this agreement and our Privacy Policy. By using the Services, you expressly authorize Smartoperations to access your Account Information maintained by identified third parties, on your behalf as your agent.

9.2       FOR PURPOSES OF THIS AGREEMENT AND SOLELY TO OBTAIN AND PROVIDE THE ACCOUNT INFORMATION TO YOU AS PART OF THE SERVICES, YOU GRANT SMARTOPERATIONS A LIMITED POWER OF ATTORNEY, AND APPOINT SMARTOPERATIONS AS YOUR ATTORNEY-IN-FACT AND AGENT, WITH FULL POWER OF SUBSTITUTION AND RE-SUBSTITUTION, FOR YOU AND IN YOUR NAME, PLACE AND STEAD, IN ANY AND ALL CAPACITIES, TO ACCESS THIRD PARTY SITES, SERVERS OR DOCUMENTS, RETRIEVE INFORMATION AND USE YOUR INFORMATION WITH THE FULL POWER AND AUTHORITY TO DO AND PERFORM EACH AND EVERY ACT AND THING REQUISITE AND NECESSARY TO BE DONE IN CONNECTION WITH SUCH ACTIVITIES, AS FULLY TO ALL INTENTS AND PURPOSES AS YOU COULD DO IN PERSON.          

YOU ACKNOWLEDGE AND AGREE THAT WHEN THE SMARTOPERATIONS IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES, SMARTOPERATIONS IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF ANY THIRD PARTY. YOU AGREE THAT THIRD PARTY ACCOUNT PROVIDERS SHALL BE ENTITLED TO RELY ON THE FOREGOING AUTHORIZATION, AGENCY AND POWER OF ATTORNEY GRANTED BY YOU. 

9.3       You understand that the Services is not endorsed or sponsored by any third party account providers accessible through the Services.

10.       Intellectual property

10.1    Without prejudice to Section 10.2 below, we own the copyright and all intellectual property rights on content published on the Platform and through our Services or have acquired an appropriate consent or license from our suppliers and/or providers to publish such content on the Platform or for the provision of our Services. We or our suppliers and/or providers, where applicable, exclusively retain ownership of all rights, title and interest in connection with the Services.

10.2    You or your licensors retain ownership of all rights, title and interest to your General User Content. To the extent that any intellectual property rights, in particular copyright, exist or arise in connection with your General UserContent, you hereby grant us a worldwide, free of charge, exclusive, perpetual and non-revocable license to use such General User Content in connection with the Services.

10.3    If you think that the provision of any content of the Services infringes any copyright or other intellectual property right, you may at all times contact us at [email protected] and ask us to remove such content from the Services.

11.       Trademarks

11.1    The Smartoperations name, the terms “LoopEye”, the Smartoperations logo, and all related names, logos, product and service names, designs and slogans are trademarks of Smartoperations or its affiliates or licensors. You must not use such marks without the prior written permission of Smartoperations. All other names, logos, product and service names, designs and slogans on this Services are the trademarks of their respective owners.

12.       Privacy and data protection

Our Privacy policy and our Cookies Policy are accessible at https://www.loopeye.net/privacy-policy.

13.       OPEN BANKING SERVICES      

13.1    We also use data relating to your bank account(s) held by third party financial institutions (“Open Banking”) to help us to provide you with automated and dynamic access to your spending activity. We will therefore request your permission, as part of the connection process, to access your bank account(s) data using Open Banking. We use third party providers such as Plaid Inc. (“Plaid”),for this purpose, and by using our services, you accept such third party provider’s terms of use and privacy policies and expressly grant such third party the right, power, and authority to access and transmit your information as reasonably necessary to provide the services to you. The third party provider we use varies based on the location of the third party financial institution at which you maintain the bank account(s) to which you provide us access.

13.2    If your bank account is in the United States or Canada, Open Banking service will be provided by Plaid. You authorize us to access data from the applicable third party provider such as personal identity information and possibly other data such as transactional data and, if the third party provider is Plaid, by doing so you accept the Plaid End User Services Agreement and Plaid Privacy Policy. You can review Plaid’s commitment to safety and security here. By utilizing Open Banking through Plaid, you acknowledge and agree that the terms of Plaid’s Privacy Policy will govern Plaid’s use of such information, and you expressly agree to the terms and conditions of Plaid’s Privacy Policy. 

13.3    If your bank account is in the UK, Open Banking service will be provided by Plaid. You authorize us to access data from the applicable third party provider such as personal identity information and possibly other data such as transactional data and, if the third party provider is Plaid, by doing so you accept the Plaid End User Services Agreement and Plaid Privacy Policy. You can review Plaid’s commitment to safety and security here. By utilizing Open Banking through Plaid, you acknowledge and agree that the terms of Plaid’s Privacy Policy will govern Plaid’s use of such information, and you expressly agree to the terms and conditions of Plaid’s Privacy Policy. 

13.4    If your bank account is in the EEA, Open Banking service will be provided by Plaid. You authorize us to access data from the applicable third party provider such as personal identity information and possibly other data such as transactional data and, if the third party provider is Plaid, by doing so you accept the Plaid End User Services Agreement and Plaid Privacy Policy. You can review Plaid’s commitment to safety and security here. By utilizing Open Banking through Plaid, you acknowledge and agree that the terms of Plaid’s Privacy Policy will govern Plaid’s use of such information, and you expressly agree to the terms and conditions of Plaid’s Privacy Policy. 

14.       WE DO NOT PROVIDE FINANCIAL OR INVESTMENT ADVICE

14.1    THE SERVICES ARE NOT INTENDED TO PROVIDE LEGAL, TAX, OR FINANCIAL ADVICE, AND ARE NOT INTENDED TO SERVE AS TAX PREPARATION SERVICES. WE ARE NOT A FINANCIAL ADVISOR, PLANNER, BROKER, OR TAX ADVISOR. The Services are intended only to assist you in your subscriptions financial organization and decision-making and are broad in scope. 

14.2    The Services are designed to allow you to track and manage information related to your subscriptions. Any material we provide through our Services or resulting from your use of the Services, including any recommendations or suggestions, is for general informational purposes only and does not constitute financial or investment advice. 

14.3    All Services provided by us provide information to you based on information entered. As your personal finance situation is unique, you should seek appropriate financial advice from certified advisers who are fully aware of your individual circumstances before taking any action that may impact on your finances. The Services we provide are not a substitute for professional or financial advice. We make no warranties in relation to the output or results of our Services.

15.       No warranties and liability

15.1    You agree that your access and use of the Services shall be at your sole risk and liability. You acknowledge that the content of the Services is provided to you “as is” and “as available”, and that to the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, in connection with the Services and your access and use thereof.

15.2    FURTHERMORE, WE (SMARTOPERATIONS, ITS AFFILIATES, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, OR SHAREHOLDERS) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT AND BEAR, UNLESS FRAUDULENT INTENT OR GROSS NEGLIGENCE, NO LIABILITY FOR (I) THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY ERRORS, MISTAKES, INACCURACIES OF CONTENT, AS WELL AS ITS TIMELY AND PROPER DELIVERY; (II) LIMITATIONS; (III) PERSONAL INJURY; OR (IV) PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER RESULTING FROM (A) YOUR ACCESS OR USE OF THE SERVICES; (B) ANY UNAUTHORIZED ACCESS OR USE OF ANY AND ALL DATA, PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THROUGH OR ON THE SERVICES; (C) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (D) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; (E) ANY ERRORS OR OMISSIONS IN ANY CONTENT; (F) OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, PUBLISHED, UPLOADED, LINKED FROM, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.

15.3    To the extent permitted under applicable law, we waive all liability for any direct, indirect, consequential or special losses or damages of any kind whatsoever, arising from, or in connection with, the access and use of the Services, including authorized or unauthorized third party use of Accounts, or any reliance on any of the content, provided on the Platform or otherwise in connection with our Services.

16.       Suspension and termination of use

You agree that we may, at our sole discretion, suspend or terminate your access and/or use to all or part of the Platform and/or the Services with or without notice and for any reason, including, without limitation, breach of these ToU. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to access and/or use the Platform and/or the Services will immediately cease, and subject to applicable law, we reserve the right to remove or delete any information and/or content, in particular General User Content, that you may have registered in our file, including any Account or login information.

17.       Your indemnification of Smartoperations

To the extend of the applicable law, you shall defend, indemnify and hold harmless Smartoperations, and its officers, directors, shareholders, and employees, from and against all claims, suits, proceedings, losses, liabilities, and expenses (including reasonable attorneys’ fees), whether in tort, contract, or otherwise, that arise out of or relate, including but not limited to attorney’s fees, in whole or in part arising out of or attributable to any breach of this Agreement or any activity by you in relation to the Services, including add-on Services and/or device operating environment.

18.       Modifications

Smartoperations reserve the right at any time and from time to time to modify or discontinue the Services, either temporarily or permanently, with or without notice. We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Services.

19.       Miscellaneous

If any provision of these ToU is or becomes invalid, unenforceable or non-binding, this shall not affect any other provision thereof. In such event, such invalid, unenforceable or non-binding provision shall nonetheless be enforced to the fullest extent permitted under applicable law, insofar as the invalid, unenforceable or non-binding provision shall be replaced by a valid, enforceable and binding provision reflecting to the greatest extent possible the intent of the original provision.

20.       Contact

If you have any questions regarding the Platform, the Services, or the ToU please contact us at [email protected]

21.       Governing law and jurisdiction

21.1    These Terms and the provision of our Services are construed in accordance with, and shall be governed by the substantive laws of Switzerland, without regards to principles of conflicts of laws thereof.

21.2    Any controversy, claim or dispute arising out of or in relation with these ToU and the provision of our Services shall be subject to the exclusive jurisdiction of the courts of Lausanne, Switzerland subject to an appeal to the Swiss Supreme Court.