Terms & Conditions
WELCOME.
LookSee (the “Service”) provided by LookSee LLC (the “Provider”), pursuant to the Terms set forth below. By clicking on the [Register] button on Provider’s website (www.golooksee.app), you are agreeing to use the Service in a manner consistent with the Terms and Conditions of this Agreement and with all applicable laws and regulations.
AGREEMENT.
This Beta Pilot Agreement (the "Agreement") shall be effective on the date that you click on the [Register] button, by and between the Provider and you (“Customer”) for the purpose of Customer’s use of Provider’s beta service offering.
LICENSE GRANT.
Subject to the terms of this Agreement, Provider grants Customer a nonexclusive, non-transferable license to use the Service, as a software-as-a-service.
PROPRIETARY RIGHTS: CONFIDENTIALITY; RESTRICTIONS
Customer acknowledges that the Service contains confidential information and trade secrets of the Provider. Customer agrees that it will at all times hold in strict confidence and not disclose Confidential Information (as defined below) to any third party except as approved in writing by Provider and will use the Confidential Information for no purpose other than evaluating the Service. Customer shall only permit access to Confidential Information to those of its employees having a need-to-know and who have signed confidentiality agreements or are otherwise bound by confidentiality obligations at least as restrictive as those contained herein. Customer will immediately report any violation of this provision to Provider and shall employ all reasonable means to mitigate any damages or losses that Provider may incur as a result of any such violation. “Confidential Information” means all non-public materials and information provided or made available by Provider to Customer, including products and services, the results of any performance or functional evaluation or test of the Service, information regarding technology, know-how, processes, software programs, research, development, and information Provider provides.
The Service utilizes information about parents, guardians and children who have registered for programs provided by Customer. These Parents and Guardians (“Parents/Guardians”) provide identifying information about themselves and their children to Customer in the course of such registration and this information is then provided to Provider so that the Service can operate as intended. Customer agrees that the information provided to Provider by Parents/Guardians was voluntarily provided to Customer pursuant to written agreement between Customer and Parent/Guardian and that this consent is in compliance with all State and Federal laws including (but not limited to) the Children’s Online Privacy Protection Rule.
Customer further agrees that Parents/Guardians have already given consent to use their personal cell phone numbers to receive text messages from Customer (either directly and/or through usage of the Service.
After Customer’s evaluation of the Service is complete, or upon request of Provider, Customer shall promptly return to Provider the Service and all copies thereof in the form provided by Provider or upon request by Provider destroy the Service and all copies thereof and certify in writing that it has been destroyed.
Customer agrees that nothing contained in this Agreement shall be construed as granting any ownership rights to any Confidential Information disclosed pursuant to this Agreement, or to any invention or any patent, copyright, trademark, or other intellectual property right derived from the Confidential Information. Customer shall not make, have made, use or sell for any purpose any product or other item using, incorporating or derived from any Confidential Information or the Service. Customer will not modify, reverse engineer, decompile, create other works from, or disassemble any software programs contained in the Confidential Information or the Service.
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ACKNOWLEDGEMENT OF BETA SERVICE.
This Service is a beta release offering and is not at the level of performance of a commercially available product offering. The Service may not operate correctly and may be substantially modified prior to first commercial release, or at Provider’s option may not be released commercially in the future.
WARRANTY.
THE SERVICE AND DOCUMENTATION ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, AND Provider DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN ADVICE OR CONSULTATION GIVEN BY Provider, ITS AGENTS OR EMPLOYEES WILL IN ANY WAY GIVE RISE TO A WARRANTY. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SERVICE REMAINS WITH CUSTOMER.
LIMITATION OF LIABILITY.
Provider SHALL NOT BE LIABLE FOR LOSS OF USE, LOST PROFIT, COST OF COVER, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THE SERVICE OR THIS AGREEMENT, HOWEVER CAUSED AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) STRICT LIABILITY, OR OTHERWISE, EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL Provider’S AGGREGATE CUMULATIVE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE AMOUNT CUSTOMER ACTUALLY PAID Provider UNDER THIS AGREEMENT (IF ANY).
SECURITY AND RELIABILITY
The Provider utilizes some of the most advanced technologies for Internet security available today. Transport Layer Security (TLS) protects your information using both server authentication and data encryption, ensuring that your data is safe and secure. The service is hosted in SOC 2 Type 2 data centers that provide all the physical security protection measures you would expect. Provider performs all necessary maintenance, including weekly database backup and timely software updates. Please refer to Security and Privacy page for full details.
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TERM.
This Agreement shall continue in full force and effect for so long as you are using the Service. You may terminate the Service at any time, with or without cause. There is no cancellation fee.
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PRICING.
The cost of the Service (for the Beta Pilot Period) is per child, per month- and is based on the max number of attending campers in a given month. For example if there are two sessions for a given camp that do not overlap with 100 kids each, then you’ll need 100 seats.
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The cost of the Service for the Beta Pilot Period is reduced and applies to the term of the Pilot Period only. Provider reserves the right to transition from the reduced Pilot pricing to the regular Pricing at their discretion and agrees to provide 30 days notice to Customer before doing so.
PAYMENTS.
The Service is offered as a prepaid hosted service subscription. Payment will be due 21 days prior to the first day of each month that the Service will be in use at the camp/activity. Provider will provide an invoice to the customer 30 days prior to each month based on an estimated number of children expected to attend that month- per customer’s representations at the time that the invoice is created.
You agree to make timely payments. Other than the Terms & Condition herein, there is no contract, no sign-up fee, no cancellation fee. You may cancel your subscription at any time, and Provider agrees to return an unused portion of your balance (in monthly increments). Provider reserves the rights to suspend your Service if no payment has been received and no payment arrangements were made. Provider guarantees discounted rates for the duration of this Beta Pilot period, which shall be for the months of May 2022 through August of 2022. Customer agrees to pay an advance deposit for the first month of Service within 15 days of registering for the service- which will be applied to the first month of the Customer’s use of the Service.
FEEDBACK.
Customer will use the Service and provide reasonable feedback to the Provider concerning the features and functionality of the Service. If Customer provides feedback to Provider, all such feedback will be the sole and exclusive property of Provider. Customer hereby irrevocably transfers and assigns to Provider and agrees to irrevocably assign and transfer to Provider all of Customer's right, title, and interest in and to all feedback including all intellectual property rights therein (collectively, “Feedback”). Customer will not earn or acquire any rights or licenses in the Service or in any Feedback on account of this Agreement or Customer's performance under this Agreement, even if Provider incorporates any feedback into the Service.
GENERAL.
Customer may not assign or transfer any rights or obligations under this Agreement without the prior written consent of the Provider. This Agreement constitutes the entire Agreement between the parties relating to this subject matter and supersedes all prior or simultaneous representations, discussions, negotiations, and Agreements, whether written or oral. If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, such provision will be construed so as to be enforceable to the maximum extent permissible by law, and the remaining provisions of the Agreements will remain in full force and effect. The waiver of any breach or default will not constitute a waiver of any other right hereunder or of any subsequent breach or default. All notices required or permitted under this Agreement must be in writing and in each instance will be deemed given upon receipt. This Agreement shall be governed by and construed in accordance with the laws of California. In the event of a dispute, the prevailing party shall be entitled to attorneys’ fees and costs. Customer hereby agrees that breach of this Agreement will cause Provider irreparable damage for which recovery of damages would be inadequate, and that Provider shall therefore be entitled to obtain timely injunctive relief under this Agreement, as well as such further relief as may be granted by a court of competent jurisdiction.