Terms & Conditions
These Terms and Conditions were last updated on 10/11/2024
Please take some time to review these Terms and Conditions that You are entering into, and please note and pay special attention to our dispute resolution policy which requires binding arbitration on an individual basis to resolve disputes (rather than jury trials or class actions, and also limits available remedies) in most circumstances.
WE ASK THAT YOU CLOSELY REVIEW THESE TERMS AND CONDITIONS, INCLUDING THE DISPUTE RESOLUTION CLAUSES, OPTING-OUT LINK AND FCRA AND OTHER USE RESTRICTIONS SET FORTH BELOW) BEFORE YOU USE, ACCESS, POST OR PURCHASE ANY ITEM ON WWW.LOOKIFY.IO, THE LOOKIFY APPLICATION, OR ANY OTHER AFFILIATED WEBSITE OR MOBILE APPLICATION THAT LINKS TO AND UTILIZES THESE TERMS (ALL SUCH PLATFORMS, COLLECTIVELY REFERRED TO AS THE "SITE" OR "WEBSITE").
Please note that, among other items, these terms contain an agreement to arbitration and a class action waiver giving up a right to a court hearing or jury trial or to participate in class action litigation. Arbitration is mandatory and is the exclusive remedy for any and all disputes unless specified below. Please carefully review the dispute resolution section below.
WE STRONGLY URGE YOU TO CLOSELY REVIEW THESE TERMS AND CONDITIONS IN FULL BEFORE USING OR ACCESSING ANY CONTENT OR PURCHASING ANY MEMBERSHIP OR SUBSCRIPTION PLAN ON OR THROUGH THE SITE. BY VIRTUE OF YOUR USING OR MAKING ANY PURCHASE ON THE SITE, YOU EFFECTIVELY DEMONSTRATE IN FULL YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS SET FORTH BELOW OR OTHERWISE CONTAINED HEREIN. IF YOU DO NOT WISH TO ACCEPT THESE TERMS AND CONDITIONS, PLEASE DO NOT USE, PROVIDE ANY INFORMATION TO, OR PURCHASE ANY ITEMS ON, THE SITE!
Information regarding the Fair Credit Reporting Act and related obligations
These Terms and Conditions (collectively, the "Terms"), together with our Privacy Policy, represent the legally binding agreement between you ("You" or "Your") and Lookify.io. ("Lookify," "We," "Our," "Company," or "Us").
Lookify is a database of publicly available sources of information aggregated for Your convenience, intended for personal individual use rather than for professional purposes, that makes available services that allow users to search for information as permitted by these Terms, such as to learn what information is in their own public records, or, for example, to learn about cell phone numbers and text messages, individuals using a telephone number, indviduals conducting a transaction invovling a personal item and other uses. Through Lookify, end-user visitors to the Site can view and/or access certain content, information, media, text, data, images, graphics, user interfaces, audio, video, photographs, trademarks, logos, artwork, designs, magnetic translations, digital conversions, products, services, software functionality and other materials posted to or made available through the Site (collectively, "Content") as compiled, distributed and displayed by Lookify and other third-party content providers ("Third-Party Providers") including, but not limited to, third-party websites or services that provide information about individuals (each, a "Search Result") that can be searched for and accessed through the Site or other services We make available ("Lookify Report").
WE DO NOT PROVIDE PRIVATE INVESTIGATOR SERVICES AND ARE NOT A CONSUMER REPORTING AGENCY AS DEFINED BY THE FAIR CREDIT REPORTING ACT 15 U.S.C. § 1681 et seq. ("FCRA") BECAUSE THE INFORMATION WE PROVIDE IS NOT COLLECTED OR PROVIDED, IN WHOLE OR IN PART, FOR THE PURPOSE OF SERVING AS A FACTOR IN ESTABLISHING A PERSON’S ELIGIBILITY FOR (a) CREDIT OR INSURANCE TO BE USED PRIMARILY FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES; (b) EMPLOYMENT PURPOSES; (c) BENEFITS, TENANCY OR EDUCATIONAL ADMISSION CONSIDERATIONS; OR (d) IN CONNECTION WITH A BUSINESS TRANSACTION INITIATED BY AN INDIVIDUAL CONSUMER FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES. WE DO NOT MAKE ANY REPRESENTATION OR WARRANTY AS TO THE CREDIT WORTHINESS, CREDIT STANDING, CREDIT CAPACITY, CHARACTER, GENERAL REPUTATION, PERSONAL CHARACTERISTICS, OR MODE OF LIVING OF ANY PERSON. AS SUCH, THE ADDITIONAL PROTECTIONS AFFORDED TO CONSUMERS AND OBLIGATIONS PLACED UPON CONSUMER REPORTING AGENCIES UNDER FCRA ARE NOT CONTEMPLATED BY, NOR CONTAINED WITHIN, THESE TERMS.
Accordingly, You acknowledge and agree that You will not conduct any Lookify Reports or otherwise obtain or use any Content or other information obtained from or through the Site about a Phone Number Search Result or any person for purposes prohibited under FCRA. Because We are NOT a Consumer Reporting Agency, You are prohibited under FCRA from using any information obtained from the Site about a Phone Number Search Result including, but not limited to, information obtained through Lookify Reports, as a factor in determining the Phone Number Search Result’s eligibility for:
Employment, including, but not limited to, to evaluate a Phone Number Search Result for initial employment, reassignment, promotion, or retention (including, but not limited to, household workers such as babysitters, cleaning personnel, nannies, contractors, and domestic workers);
Educational Admission or Benefits, including, but not limited to, assessing a Phone Number Search Result’s qualifications for an educational program or scholarship;
Tenancy or Residency, including, but not limited to, deciding whether to lease a residential or commercial space to a business or individual associated with Phone Number Search Result’s;
Personal Credit, Loans or Insurance, including, but not limited to, assessing the risk associated with providing credit, a loan or insurance based on a Phone Number Search Result’s existing debt obligations; and/or
Business Transactions initiated by an individual consumer. Including, but not limited to, determining whether a Phone Number Search Result continues to meet the terms of a personal customer account.
Nor may you use any Content in order to take any "adverse action" as such term is defined in FCRA. Using information about a Search Result obtained from Us in any of the aforementioned ways violates both these Terms and the law and can lead to possible criminal penalties. We take this very seriously, and reserve the right to terminate user access, terminate Accounts, and report violators to law enforcement as appropriate. If You are not sure whether Your desired use of information obtained from Lookify complies with these restrictions, please contact us at [email protected] before conducting any Lookify Reports or otherwise obtaining information about a Phone Number Search Result from Lookify.
Mandatory Arbitration and Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY – IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. BY USE OF THE SITE, YOU ACKNOWLEDGE AND AGREE TO OUR MANDATORY ARBITRATION OF DISPUTES PROVISION THAT GENERALLY REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
Under the terms of this section, both You and the Company mutually agree that any claims, as broadly defined below, that have arisen or may arise between you and the Company, shall be resolved exclusively through final and binding arbitration on an individual basis rather than in court. This agreement to arbitrate is intended to be interpreted broadly, encompassing a wide range of disputes.
Scope of Arbitration Agreement: This agreement to arbitrate obligates both you and the Company to arbitrate all claims, disputes, or controversies of any nature whatsoever, whether in tort, contract, or otherwise, regardless of the basis, that have arisen or may arise between us. This includes, without limitation, any disputes relating to any aspect of the relationship between you and the Company, whether related to the Websites, Services, Materials, communications, transactions, or any other interaction involving you and the Company.
Waiver of Jury Trial: By agreeing to arbitration, both parties waive the right to a trial by jury. Arbitration will be conducted by a neutral arbitrator and not a judge or jury. This means that you and the Company are electing to have claims and disputes resolved by arbitration, except as expressly provided for below in the "Exceptions" section.
Governing Law and Rules: The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association ("AAA"), as modified by this agreement to arbitrate. If AAA is not available, the arbitration will be administered by another recognized arbitration organization agreed upon by the parties. The Federal Arbitration Act will govern the interpretation, enforcement, and proceedings of the arbitration agreement.
Arbitration Procedures:
Pre-Arbitration Dispute Resolution: Before initiating arbitration, the party intending to pursue arbitration must send a written Notice of Dispute to the other party, detailing the nature and basis of the Claim and the relief sought. The parties will attempt to resolve any disputes through good faith negotiations within 30 days of the notice.
Initiating Arbitration: If the dispute is not resolved through negotiation, either party may initiate arbitration proceedings as outlined in this section.
Costs: The payment of filing, administration, and arbitrator fees will be governed by AAA's rules, with the Company committed to ensuring that arbitration costs do not prohibit an effective resolution of claims for the user.
Arbitrator's Powers: The arbitrator will have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement including any claim that all or any part of this agreement to arbitrate is void or voidable.
Exceptions to Arbitral Agreement:
Small Claims Court: Parties may choose to bring an individual claim in small claims court instead of arbitration provided the claim qualifies under small claims court jurisdictional limits and does not seek injunctive relief.
Injunctive Relief: Either party may seek injunctive relief in court for issues related to data security, intellectual property, or unauthorized access to the Site pending a final arbitral decision.
Arbitration Opt-Out: You have the right to opt out of the arbitration agreement by sending a written notice of your decision to opt out to the Company within 30 days of first using the Website or Services, or within 30 days of the posting of these arbitration terms. The opt-out notice must include your full name, address, and a clear statement that you do not wish to resolve disputes with the Company through arbitration. The mailing address to send your arbitration opt out request depends on your location, please obtain the proper mailing address by emailing [email protected].
Modifications to This Section: Any modification to this Arbitration Agreement will be subject to the same opt-out provision.
Severability: If any part of this arbitration agreement is deemed unenforceable, the remainder will still apply.
Legal Age Requirements
By initiating the installation, accessing, or utilizing this Site, you affirm that you meet the age requirement of at least 18 years or the age of majority as per the laws of your jurisdiction of residence. The Company may, at its discretion, require users to furnish proof of age in a written format.
Furthermore, by engaging with this Site, you commit to always provide information that is truthful, accurate, current, and complete during your interactions, including but not limited to information shared through email, registration, or submission forms on the Site. Should you submit any information that is false, inaccurate, misleading, or incomplete, the Company holds the unilateral right to terminate your access and use of the Site, as well as cancel any pending transactions or registrations, at any time and without prior notice.
You also consent to comply with all relevant local, state, national, and international laws and regulations in your use of the Site and accept the responsibility for identifying the laws that apply to you. Moreover, you acknowledge that your use of the Internet and this Site is conducted at your sole risk. Although the Company strives to ensure the Site is secure and reliable, it cannot assure the confidentiality or security of any data transmitted to or from the Site over the Internet or through any global communication networks. Consequently, the Company disclaims all liability for the security of information transmitted in this manner, the veracity of information on the Site, or any outcomes resulting from reliance on such information. You are responsible for making your own assessments regarding these matters.
Lookify Subscription Plans and Offers
Lookify offers a variety of plans inlcuding but not limited to:
- Lookify Premium: Your subscription will automatically renew every 30 days unless you cancel before the start of the next term. Lookify will charge the recurring subscription fee of $9.99 to the same payment option you use today until you cancel. To cancel your subscription, log in to your Lookify account, navigate to "Account" and click on the "Manage Account" button. Alternatively, you can send an email to [email protected] to request cancellation prior to renewal.
- Lookify Premium Plus (Premium+): Your subscription will automatically renew every 30 days unless you cancel before the start of the next term. Lookify will charge the recurring subscription fee of $29.99 to the same payment option you use today until you cancel. To cancel your subscription, log in to your Lookify account, navigate to "Account" and click on the "Manage Account" button. Alternatively, you can send an email to [email protected] to request cancellation prior to renewal.
If your payment for a full term is declined due to insufficient funds, Lookify reserves the right to bill in monthly installments based on the monthly rates associated with the Subscription Plan you selected.
BY SIGNING UP FOR A SUBSCRIPTION PLAN, YOU AUTHORIZE THE COMPANY (AND ITS PARTNERS, AFFILIATES AND/OR AGENTS) TO CHARGE YOUR DEBIT OR CREDIT CARD THE FEES ASSOCIATED WITH THE SUBSCRIPTION PLAN’S TERM, AND YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY WILL NOT OBTAIN ADDITIONAL AUTHORIZATION FROM YOU FOR EACH RECURRING FEE CHARGED TO YOUR DEBIT OR CREDIT CARD. IN ADDITION, YOU AGREE THAT THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY OVERDRAFT CHARGES OR FEES WHICH YOU MIGHT INCUR AS A RESULT OF YOUR SUBSCRIPTION PLAN. YOU UNDERSTAND AND AGREE THAT IF YOU PURCHASE A SUBSCRIPTION PLAN, THIS CONSUMER TRANSACTION INVOLVES A NEGATIVE OPTION, AND YOU MAY BE LIABLE FOR PAYMENT OF FUTURE GOODS AND SERVICES UNDER THESE TERMS IF YOU FAIL TO NOTIFY THE COMPANY NOT TO SUPPLY THE GOODS OR SERVICES DESCRIBED.
We reserve the right to modify the prices charged for the Subscription Plans, or to add or remove any Subscription Plans, from the Website at any time without prior notice to you. Price quotes provided to you prior to any price modification shall be honored.
Cancellation Policy
You may cancel any Subscription Plan at any time by logging in to your account or emailing us at [email protected]. Any cancellation request will result in the cancellation of any upcoming invoices and/or bills associated with your Subscription Plan. However, upon cancellation of your Subscription Plan, you will still be responsible for paying the costs associated with any invoices or bills already issued to you and/or received by you.
Refund Policy
If at any time you are not satisfied with your Subscription Plan for any reason, you may email us at [email protected]. All requests for refunds will be handled by customer service on a case by case basis, with the goal of customer satisfaction. Please keep the following terms in mind when requesting cancellation:
1. Customers are restricted to receiving a single refund per Subscription Plan. Repetitive refunds are not permitted unless the Subscription Plan, as provided to you, is defective. We reserve the right to refuse a refund to any customer who repeatedly requests refunds or who, in the Company’s judgment, requests refunds in bad faith.
2. In order to process your refund, you must supply Lookify with your name, account email address, and mailing and/or billing address. If you provide us with insufficient or incorrect information, your refund will be delayed.
Depending on the bank that issues the credit or debit card you used, your refund can take up to thirty (30) days to appear on your credit or debit card statement.
Limitation of Liability
Neither the Company, nor its subsidiaries and affiliates, nor any third-party data provider (for purposes of indemnification, warranties, and limitations on liability, the Company, its subsidiaries and affiliates, and its data providers are hereby collectively referred to as "Released Parties") shall be liable to you (or to any person claiming through you to whom you may have provided data that you obtained from the Company as a result of its Phone Number Data Services) for any loss or injury arising out of or caused in whole or in part by the Released Parties' acts or omissions in procuring, compiling, collecting, interpreting, reporting, communicating, or delivering the services available in connection with the Company’s Phone Number Data Services. The Released Parties do not make and hereby disclaim any warranty, express or implied with respect to Subscription Plans, Phone Number Data Services, or other offerings available through the Website. The Released Parties do not guarantee or warrant the correctness, completeness, merchantability, or fitness for a particular purpose of its Phone Number Data Services or information provided therein. In no event shall the Released Parties be liable for any indirect, incidental, or consequential damages, however arising, incurred by you from receipt or use of information delivered hereunder or the unavailability thereof. Due to the nature of public record information, the public records and commercially available data sources used in the Phone Number Data Services may contain errors. Source data is sometimes reported or entered inaccurately, processed poorly or incorrectly, and is generally not free from defect. The Phone Number Data Services provided are not the source of data, nor are they a comprehensive compilation of the data. Before relying on any data, it should be independently verified.
In addition to the above, you expressly absolve and release the Released Parties from any claim of harm resulting from a cause beyond the Released Parties’ reasonable control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE WEBSITE, PHONE NUMBER DATA SERVICES, AND THE SUBSCRIPTION PLANS AVAILABLE FOR SALE ON THE WEBSITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY PRODUCT PURCHASED OR OBTAINED FROM OR THROUGH THE WEBSITE; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR PERSONALLY IDENTIFIABLE DATA; AND (D) ANY OTHER MATTER RELATING TO THIS WEBSITE OR THE OFFERINGS AVAILABLE ON THE WEBSITE. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE COMPANY FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN.
IF APPLICABLE LAW DOES NOT PERMIT ANY SUCH LIMITATION OF LIABILITY AS SET FORTH ABOVE, THE MAXIMUM LIABILITY OF THE RELEASED PARTIES TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE ONE-HUNDRED DOLLARS ($100.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE THIS WEBSITE, THE SUBSCRIPTION PLANS AND/OR BACKGROUND INFORMATION SERVICES OFFERED ON THE WEBSITE, MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY. ACCESS TO THE WEBSITE AND THE PRODUCT OFFERED ON THE WEBSITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE COMPANY'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
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Lookify is not a consumer reporting agency as defined by the Fair Credit Reporting Act (FCRA). You cannot use Lookify to make decisions about potential employment, tenant/resident screening, or any purpose covered by the FCRA.
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