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1.1. These terms and conditions for services (the “Terms”) govern the provision of services by Loginhood, Inc. and its products, including the Invisit Consent Management Platform (“product”), and your acquisition and use of services on our website located at invisit.io and the Invisit web application, and the content and information provided through them (collectively, the “services”). By accepting these Terms, either by clicking a box indicating your acceptance or by executing an order confirmation form (“Order Confirmation”) or other document referring to these Terms, you agree that these Terms form part of the agreement between you and Loginhood Inc. (collectively, the “Agreement”), and the Agreement comprises the entire agreement between the parties, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral. In the event of any conflict between these Terms and the Order Confirmation, these Terms shall govern, unless the Order Confirmation expressly states that the terms and conditions of the Order Confirmation shall control. We shall provide the services to User as described in the Order Confirmation (the “services”) in accordance with these Terms. We shall use reasonable efforts to meet any performance dates specified in the Order Confirmation, and any such dates shall be estimates only. All Users must be 18 years or older or the age of majority in his or her state of residence or jurisdiction, whichever is greater. We are not able to register anyone under the age of 18 or the age of majority in their state of residence or jurisdiction. These Terms prevail over any of User’s general terms and conditions regardless whether or when User has submitted its request for proposal, order, or such terms. Provision of services to User does not constitute acceptance of any of User’s terms and conditions and does not serve to modify or amend these Terms.
1.2. These Terms are effective between you and Loginhood as of the date when you place an order or set up an account at either loginhood.io or invisit.io. Loginhood reserves the right to change these Terms from time to time. If such changes are considered material, Loginhood will inform registered customers about the changes by email. Your continued use of our website or services after such changes will constitute acknowledgment and acceptance of the modified Terms.
1.3. In case of any discrepancies between the wording of our website and these Terms, these Terms prevail.
1.4. In the event we translate these Terms or any other text to other languages, these translations shall be considered unofficial translations and are provided only as convenience translations. They should therefore be interpreted in accordance with their English language versions which will prevail in the event of any discrepancy between the English version and the translation. Loginhood assumes no liability for any errors, omissions or ambiguities in the translations. Any person or entity choosing to rely on the translated content does so at their own risk. When in doubt, please always refer to the official English language version.
2.1. California Consumer Privacy Act (CCPA) test and compliance report
2.1.1. Loginhood offers a free CCPA test which analyzes your website to give you an indication of whether or not your website is compliant with the rules set out in the CCPA based on the IAB CCPA Standards.
2.1.2. The CCPA test is based only on some basic requirements in the CCPA, and it is not a complete analysis of your website. Therefore, a positive test report must not be taken as a guarantee that your website fulfills all requirements set out in the CCPA. We cannot provide specific advice on whether your website is mandated to follow CCPA, however we provide a site report that helps determine if the IAB standards for compliance are in place, the cookies your site visitors receive, and third party vendors/integrations/advertisers found on your website.
2.1.3. The Disclaimer of Warranty as set out in clause 9 and the Limitation of Liability as set out in clause 10 also apply to the use of the CCPA test.
2.2.1. Subject to the sign-up procedure on our website, your acceptance of these Terms and the Agreement, and our receipt of the Subscription Consideration (as defined in Section 3 below), Loginhood will deliver to you the services (“Consent Management Platform” or “CMP”) described on our website.
2.2.4. The Consent Management Platform itself automatically sets up a cookie in the user’s web browser when the user visits your website to store the user’s consent.
2.2.6. A user consent is logged and documented by registration of the user’s anonymized IP number, browser user agent, website URL, date and time of consent and a unique, encrypted key that is stored in a data center with Loginhood’s cloud vendor, Amazon Web Services. You may request a copy of the consent log from the Consent Management Platform Manager after which it is your own responsibility to handle the log copy data in accordance with current legislation. After 12 months, the consent may be deleted from our log and then used only in an aggregated, anonymized form as part of the statistics that you have access to in the Consent Management Platform.
2.2.7. If your subscription is managed by an authorized Consent Management Platform reseller, the reseller will have access to collected data and configurations when managing your subscription, but the reseller has no right to share, use or sell the collected data and configurations.
2.3. Loginhood uses its commercially reasonable efforts to take the appropriate technical and organizational security measures to protect data against accidental or unlawful destruction, loss or alteration and against unauthorized disclosure, misuse or illegal processing. Loginhood is subject to, inter alia, the safeguards provided for in the legislation of Delaware, where the company is established.
2.4. As a customer, you can submit questions, comments or suggestions by emailing email@example.com. If you are dissatisfied with the service provided, please contact Loginhood.
3.1.1. The Consent Management Platform subscription includes our management of third-party data collection and consent to handle CCPA compliance across your website. The Consent Management Platform includes the following functions: providing a customizable consent banner and cookie declaration on the User’s website, a consent log and tracking reports for documentation, and frontend API for easy implementation, email reports, data export, geolocation, and consent statistics.
5.1. The Agreement and your subscription to our services will be effective from the moment you sign up for our services on our website and until the subscription and the Agreement is terminated by you or us.
5.2. You may cancel your subscription or remove a domain from your configuration at any time. You can cancel your subscription by following the instructions in the Order Confirmation. Your data (including account information and collected user consents) may be permanently deleted without further warning or any option to restore. It is your obligation to delete the Consent Management Platform scripts on your website before you cancel your account since the scripts will not work from the time you cancel your account.
By visiting our website and accessing the information, resources, services, products and tools we provide for you, either directly or indirectly (the “Resources”), you agree to use these Resources only for the purposes permitted by (a) these Terms and (b) applicable laws, regulations and generally accepted online practices or guidelines.
Wherein, you understand that:
You agree to indemnify, release, waive, discharge, defend and hold harmless Loginhood and its parent companies, agents, subsidiaries and affiliates, and their respective executive officers, directors, shareholders, partnership, members, principals, managers, employees, donors, resellers, agents, contractors, suppliers, and licensees, from and against all losses, expenses, injuries, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms, your website, your violation of any third party rights, or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under these Terms. In such event, you must provide us with such cooperation as is reasonably requested by us.
9.1. By using our website or services, you understand and agree that all Resources we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:
9.2. Furthermore, you understand and agree that:
10.1 In conjunction with the Disclaimer of Warranty as explained above, you expressly understand and agree that any claim against us will be limited to the amount you have paid to us in the previous 12 months, if any, for use of products and/or services. In no event will you be entitled to obtain attorneys’ fees or other legal costs.
10.2 IN NO EVENT SHALL LOGINHOOD, OR ITS PARENT COMPANIES, AGENTS, SUBSIDIARIES AND AFFILIATES, OR THEIR RESPECTIVE EXECUTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, PARTNERSHIP, MEMBERS, PRINCIPALS, MANAGERS, EMPLOYEES, DONORS, RESELLERS, AGENTS, CONTRACTORS, SUPPLIERS, AND LICENSEES, BE LIABLE TO USER OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO, AS INCURRED BY YOU), REGADLESS OF WHETHER AS A RESULT OF USING OUR RESOURCES OR AS A RESULT OF ANY CHANGES, DATA LOSS OR CORRUPTION, CANCELLATION, LOSS OF ACCESS OR DOWNTIME TO THE FULL EXTENT THAT APPLICABLE LIMITATION OF LIABILITY LAWS ALLOW, AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT LOGINHOOD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
10.3 If Loginhood’s performance of its obligations under these Terms or the Agreement is prevented or delayed by any act or omission of you or its users, agents, subcontractors, consultants, or employees, Loginhood shall not be deemed in breach of its obligations under these Terms or the Agreement or otherwise liable for any costs, charges, or losses sustained or incurred by you, in each case, to the extent arising directly or indirectly from such prevention or delay.
11.1. All content and materials available at invisit.io defined as the Resources in clause 6, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Loginhood and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited unless specifically authorized by Loginhood.
11.2. These Terms do not grant you any ownership interest in or to our Resources but only a limited right of use that is revocable in accordance with these Terms or the Agreement. Loginhood does not grant any license or other right to use any of our trademarks, service marks, copyrightable material or other intellectual property except as expressly provided in these Terms or agreed to in writing.
11.3. In addition, you agree to refrain from any act which in any way compromises our Resources, including but not limited to: (i) reverse engineering, reverse compiling, decrypting, disassembling or otherwise attempting to derive the source code of the Resource; (ii) modifying, translating or creating derivative works of the Resources; (iii) sublicensing, reselling, renting, leasing, distributing, marketing, commercializing or otherwise transferring rights or usage to the Resources; or (iv) embedding the Resources in any third-party applications unless explicitly permitted.
11.4. Upon request from Loginhood, you must be able and ready to confirm at any given time that you adhere to the provisions of this clause. If you fail to deliver such confirmation within 15 working days from receiving the request, this may be considered, at Loginhood’s sole discretion, a material breach of these Terms.
12.1. This website is controlled by Loginhood. By accessing our website or using or buying our services or the Resources, you agree that the laws of the State of New York, regardless of conflict with the main laws, apply to all matters relating to these Terms, the Agreement, the use of our website and the use or purchase of any products or services through this site or the use of the Resources.
12.2. In the event of any dispute or disagreement concerning, arising out of or under or otherwise in connection with these Terms or the Agreement (including a dispute or disagreement as to the validity of the Terms or the Agreement) or the services offered by Loginhood, such dispute or disagreement shall be referred to and resolved under the exclusive jurisdiction of the state and federal courts in New York County, New York. You expressly agree to the jurisdiction of the site of such courts and to desist from any defense that lacks jurisdiction or inconvenient forums with respect to such courts. You agree to be notified of the process by mail or other method accepted under the laws of the State of New York.
12.3 The invalidity or unenforceability of any provision of these Terms or the Agreement shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Terms and the Agreement shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
All intellectual property rights, including copyrights, patents, patent disclosures and inventions (whether patentable or not), trademarks, service marks, trade secrets, know-how and other confidential information, trade dress, trade names, logos, corporate names, and domain names, together with all of the goodwill associated therewith, derivative works and all other rights (collectively, “Intellectual Property Rights”) in and to all documents, work product, and other materials that are delivered to User under these Terms or the Agreement or prepared by or on behalf of Loginhood in the course of performing the services, including any items identified as such in the Order Confirmation (collectively, the “Deliverables”) except for any confidential information of User or User materials, shall be owned by Loginhood.
14.1 All non-public, confidential or proprietary information of Loginhood, including, but not limited to, trade secrets, technology, information pertaining to business operations and strategies, and information pertaining to customers, pricing, and marketing (collectively, “Confidential Information”), disclosed by Loginhood to User, whether disclosed orally or disclosed or accessed in written, electronic or other form or media, and whether or not marked, designated or otherwise identified as “confidential,” in connection with the provision of the services and this Agreement is confidential, and shall not be disclosed or copied by User without the prior written consent of Loginhood. Confidential Information does not include information that is: (i) in the public domain; (ii) known to User at the time of disclosure; or (iii) rightfully obtained by User on a non-confidential basis from a third party.
14.2 Loginhood shall be entitled to injunctive relief for any violation of this Section.
The relationship between the parties is that of independent contractors. Nothing contained in these Terms or the Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment, or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
User shall not assign any of its rights or delegate any of its obligations under these Terms or the Agreement without the prior written consent of Loginhood. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves User of any of its obligations under these Terms or the Agreement.
We shall not be liable or responsible to User, nor be deemed to have defaulted or breached these Terms or the Agreement, for any failure or delay in fulfilling or performing any term of these Terms or the Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of us including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
No waiver by us of any of the provisions of these Terms or the Agreement is effective unless explicitly set forth in writing and signed by us. No failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from these Terms or the Agreement operates or may be construed as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
In addition to any remedies that may be provided under these Terms or the Agreement, we may terminate these Terms or the Agreement with immediate effect upon written notice to you, if you:
If you have any questions or comments about these Terms as outlined above, you can contact us at:
Loginhood Inc., a Delaware company
93 Kingsland Ave, Unit #3F
Brooklyn, NY 11222