Terms of Service

1. Agreement

These terms govern your use of this website and the LoopBudz platform: email marketing, loyalty, and wallet-card services for licensed cannabis retailers (the "Service"). By using the website or the Service, you agree to these terms. If you purchase the Service under a separate signed agreement or order form, that agreement controls where the two conflict.

2. Eligibility

The Service is a business-to-business tool. You must be at least 21 years old and represent a lawfully operating business to use it. For cannabis-related use, that means a licensed cannabis business in a jurisdiction where such operation is legal.

3. Your account and your data

You are responsible for safeguarding your account credentials and API keys and for all activity under your account. Data you connect to the Service (your customer lists, catalog, offers, and transaction data) remains yours. You grant us only the rights needed to operate the Service for you. You may export your data at any time, and we will not hold it hostage on termination.

4. Acceptable use

You agree that you will not use the Service to:

• send messages to recipients who have not given the consent required by applicable law (including CAN-SPAM and state marketing laws), or to purchased or scraped lists;
• market to individuals under 21, or send content that violates the cannabis advertising rules of any jurisdiction you operate in;
• send deceptive, fraudulent, or unlawful content of any kind;
• interfere with the Service's operation, probe its security, or access another customer's data.

We may suspend sending that threatens deliverability or legal compliance, including automated pauses triggered by complaint or bounce thresholds. We will then work with you to resolve the underlying issue.

5. Compliance is shared

We build compliance aids into the Service: one-click unsubscribe on every marketing email, suppression enforced at send time, consent records, and opt-out syncing with connected platforms. But you are responsible for the legality of your marketing: your content, your audiences, your offers, and your compliance with the cannabis regulations of your jurisdictions. Nothing in the Service is legal advice.

6. Fees

Fees are as stated on our pricing page or in your order form. Fees are billed in advance for each billing period and are non-refundable except where required by law or expressly agreed. We will give you advance notice before any price change takes effect for your account.

7. Third-party services

The Service interoperates with third-party systems: point-of-sale platforms, e-commerce menus, Apple Wallet, Google Wallet, and mailbox providers. We do not control those systems, and the Service's behavior can be affected by their changes or outages. Your use of third-party services is governed by their own terms.

8. Intellectual property

We own the Service, its software, and its content, excluding your data and your brand assets. You own your data and brand assets and grant us a license to use them solely to provide the Service, for example rendering your logo and promo images onto wallet cards and emails you send.

9. Disclaimers

The Service is provided "as is." We work hard on deliverability and uptime, but no provider can guarantee inbox placement, specific open rates, revenue outcomes, or uninterrupted operation, and we do not make those guarantees. Statistics cited on this website are real measurements from real stores, with their context stated where they appear; they are illustrations of what the platform has done, not promises of what it will do for you.

10. Limitation of liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, or consequential damages, and our total liability arising out of the Service is limited to the fees you paid us in the twelve months before the claim arose. Nothing in these terms limits liability that cannot be limited by law.

11. Termination

You may cancel at the end of any billing period. We may suspend or terminate for material breach of these terms if the breach is not cured after notice. On termination we will make your data available for export for a reasonable wind-down period before deletion.

12. Changes and contact

We may update these terms; material changes will be reflected in the date above and, for active customers, communicated with reasonable notice. Questions about these terms: email megh@virtualcarry.com.