Terms of service

Introduction

This User Agreement, and all policies and additional terms posted on our website, www.lookberry.com, in the LookBerry application, tools, services and facilities (collectively, the "Services"), define the terms under which LookBerry offers you access to our Services. You can find an overview of our policies here. The Mobile App Terms of Use, all policies, and additional terms and conditions are incorporated into this User Agreement. You agree to abide by all terms of this User Agreement when you access or use our Services.

The legal entity you are contracting with is: Beneficiary Name: «LookBerry» Inc Account Number: 9800155685 Type of Account: «Checking» Beneficiary Address: 8 The Green, STE A Dover, DE 19901 IBAN / Account Number: 084106768 Beneficiary Name: «Evolve Bank & Trust Beneficiary» Address: 6070 Poplar Ave, Suite 200 Memphis, TN 38119 USA

Downloading, installing, registering, accessing and browsing the LookBerry Platform constitutes your full and unconditional acceptance of the terms of this User Agreement.

About LookBerry

LookBerry is a shopping platform that allows Users to offer, sell and buy products in various locations using various pricing formats. LookBerry provides users with the technical ability to share photos and videos of purchased items to assist other Users in purchasing decisions. LookBerry is not a party to sales contracts between third-party sellers and buyers. Any recommendations provided by LookBerry as part of our Services, such as prices, shipping, stock and offers, are for informational purposes only, and you may decide whether or not to follow them. We may facilitate the resolution of disputes between buyers and sellers through various programs. LookBerry does not control or guarantee: the availability, quality, safety, or legality of advertised items; the authenticity or accuracy of user content or offers; the ability of sellers to sell items; the ability of buyers to pay for items; or guarantee that a buyer or seller will actually complete a transaction or return an item.

Use of LookBerry

To use or access our Services, you agree to abide by this User Agreement, our policies, our terms and conditions and all applicable laws, rules and regulations, and you will not:

• Violate or circumvent any laws, rules, third-party rights or our systems, services, policies or your account status determinations.
• Use our Services if you are unable to enter into legally binding contracts (for example, if you are under the age of 18), or you are temporarily or indefinitely barred from using our Services, or if you are a person with whom transactions are prohibited by economic or trade sanctions.
• Refuse to pay for items you have purchased unless you have a valid reason as set forth in the LookBerry policy, such as the seller has materially changed the offer description for the item after you have accepted the offer to create photo and video content for the item (see Unpaid Items Policy).
• Prevent delivery of items you have sold, unless you have a valid reason as stated in the LookBerry policy.
• Transfer your LookBerry account and user ID to another person without our consent.
• Share your login credentials with any third party.
• Create offers, post or upload content under prohibited categories on our website www.lookberry.com and the LookBerry app (see Prohibited Items Policy).
• Post content that is false, inaccurate, misleading or otherwise offensive.
• Distribute or publish spam, junk or chain letters or pyramid schemes.
• Distribute viruses or any other technology that could harm LookBerry or the interests and property of its users.
• Use any kind of data mining tools, data collection and extraction tools, or other automated means to access our Services for any purpose.
• Circumvent any technical measures used to provide our Services.
• Export or re-export any LookBerry application or tool except in compliance with export control laws and the rules and policies of any relevant jurisdictions.
• Violate copyrights, trademarks, patents, advertising, moral rights, database rights and/or other intellectual property rights (collectively, "Intellectual Property Rights") owned by or licensed to LookBerry. Some, but not all, activities that may constitute infringement include reproducing, executing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works based on content owned by LookBerry or someone else.
• Infringe any Intellectual Property Rights owned by third parties affected by your use of our Services, or post content that does not belong to you.
• Commercialize any LookBerry application or any information, data, or software associated with such application.
• Collect or use information about Users without their consent.

Sellers must meet LookBerry's minimum performance standards. Failure to meet these standards may result in LookBerry restricting or suspending your seller account. If we believe that you are abusing the LookBerry Services in any way, we may, in our sole discretion, restrict, suspend or terminate your account(s) and access to our Services, remove posted content, decrease the rating associated with your account(s), not display offers, cancel any discounts, and take technical and/or legal measures to restrict or completely prohibit you from using our Services. If we believe that you are in violation of our policy prohibiting sales outside of LookBerry, you may be subject to various measures, including limiting your ability to buy and sell, restricting offers and account features, and suspending your account. We may delete unauthorized accounts or accounts that have not been used for a significant period of time. In addition, we reserve the right to refuse, modify or discontinue all or part of our Services to any person for any reason in our sole discretion.

Applying Policies

When there is a problem with a buyer or a seller, we may consider the user's history and specific circumstances when applying our policies. We may be more lenient in our compliance practices in order to do the right thing for both buyers and sellers. The foregoing does not limit our right to refuse, modify or terminate all or part of our Services to anyone, or to terminate this agreement with anyone for any reason in our sole discretion.

Fees and Taxes

We charge sellers (business accounts) for the use of our Services. In some cases, we may charge the buyer (personal accounts) for additional Services. The fees we charge buyers for use of our Services are set forth in our Payment Policy. We may change our fees from time to time by posting changes on the LookBerry website, but with no prior notice. You must specify your method of payment when using our Services and pay all fees and applicable taxes associated with your use of our Services by the due date. If your payment method does not work, we may apply restrictions to your account, or LookBerry Payment Organizations may charge amounts as described in the Payment Policy.

Terms of special offers

By placing the goods for sale in our Services, you agree to comply with the policy of special offers, as well as agree that:

• You assume full responsibility for the product offered and the accuracy and content of the special offer.
• Your fixed-price special offers are valid strictly within the time period specified by you when forming the special offer.
• The content you submit complies with all of our special offer policies, including our Image and Video Policy.
• Content that violates any of LookBerry's policies may be removed at LookBerry's discretion.
• We are committed to creating a marketplace where customers find what they are looking for. Thus, the appearance or placement of special offers in search and browsing results will depend on a variety of factors, including:
• Buyer location.
• Search query.
• Product location.
• Special offer format.
• Price and shipping charges.
• Expiration time.
• Ratings.
• Compliance with LookBerry policies.
• Metatags and URL links included in special offers may be removed
• We may provide you with additional recommendations to consider when creating your special offers. Such recommendations may be based on aggregate sales and performance history of similar sold and/or current specials; results may vary for individual specials.
• For items listed in certain categories, covered by certain programs and/or offered or sold at certain prices, LookBerry may require the use of certain payment methods in accordance with our Payment Method Policy.
• You will not sell and will immediately remove all special offers and any products recalled by the manufacturer or governmental authority if the sale of the product is prohibited by law or regulation or the product poses a health or safety hazard as specified by any governmental authority. LookBerry is not responsible for the safety or performance of any product that you put up for sale or sell through our Services. You are solely responsible for merchandise with any nonconformity or defect that you list or sell through our Services.
• LookBerry may publish and promote your special offers, including relevant content such as your username, product photos and descriptions on the www.lookberry.com website or the LookBerry App.

Terms of Purchase

By purchasing an item through our Services, you agree to the Buyer's Policy and that:

• You are responsible for reading all terms of the special offer before accepting it, making a purchase, and creating photo and video content for the item.
• You are entering into a legally binding contract to purchase the product when you accept the terms of the special offer.

International Purchase, Sale and Delivery

Given the nature of the LookBerry Marketplace, items can be browsed, purchased and delivered to buyers all over the world. Many of our Services are available internationally. We offer certain programs, tools and website features of particular interest to international sellers and buyers, such as local currency and international shipping calculation tools. Sellers and buyers are responsible for complying with all laws and regulations applicable to the international sale, purchase and shipment of goods (see International Sales Policy).

One way we can make products and special offers available to international buyers on the www.lookberry.com website or the LookBerry app is through our global shipping program, E-Commerce Fulfillment by LookBerry (FBA).

To sell items through E-Commerce Fulfillment by LookBerry, you (as the seller) send the item to logistics storage and parcel processing warehouse located in Europe, the United Arab Emirates, or the United States. After receiving notification of payment for an item that is in one of the FBA warehouses from the buyer, the partner international delivery service provider will oversee the processing, customs clearance, and international delivery of the item. If the buyer has a question (such as customs or international shipping), LookBerry can respond directly to the buyer if the question relates to FBA services. Sellers do not pay any additional fees for selling through the Global Delivery Program - E-Commerce Fulfillment by LookBerry.

Under the International Sales Policy, the buyer, as the primary interested foreign party, agrees to take responsibility for the export shipment. You (the Seller) remain responsible for the accuracy of the information you provide about the goods, and you agree to provide timely responses to requests for additional information.

You consent to LookBerry's disclosure of certain personal information, as well as information about goods, special offers on goods and orders, to service providers and other third parties (such as customs and tax authorities), and other government agencies) in relation to the clearance, export and customs clearance, and international transportation of any shipments. LookBerry has no control over the privacy policies of partner courier services, their affiliates, or their service providers, and you must comply with the privacy policies of those parties, if applicable.

For more information about the program, including rules governing feedback, handling of lost, damaged and undeliverable items, returns, and resolving buyer protection claims for items you sell through the program, see our E-Commerce Fulfillment by LookBerry Global Shipping Program Policy and the E-Commerce Fulfillment by LookBerry Global Shipping FAQ.

The Content

When you submit content through our Services, you grant us a non-exclusive, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to enforce any Intellectual Property Rights you have in that content in connection with the provision, expansion and promotion of our Services in any media now known or developed in the future. To the fullest extent permitted by applicable law, you waive your right to enforce your Intellectual Property Rights in this content against LookBerry, our successors, our sublicensees and their assigns in connection with our, those successors and those sublicensees' use of that content in connection with the provision, expansion and promotion of our Services.

You represent and warrant that you own or otherwise control all of the necessary rights in and to the performance of your obligations under this User Agreement in relation to all of the content that you submit. You represent and warrant that such content is accurate. You represent and warrant that your use of any such content by us, our users, or others contracted to us, and in accordance with this User Agreement, does not and will not infringe any intellectual property rights of any other third party. LookBerry assumes no responsibility for any content provided by you or any third party.

We display product data (including images, videos, descriptions, characteristics and specifications) provided by third parties (including LookBerry users). You may use this content solely for your special offers on LookBerry. LookBerry may change or revoke this permission at any time in its sole discretion. The product data includes copyrighted, trademarked and other materials - are proprietary and you agree not to remove any copyright, proprietary or identifying marks in the product data or create derivative works based on that data.

We display product data, but we cannot promise that content provided through our Services will always be accessible, accurate, complete, and current. You agree that LookBerry is not responsible for verifying or warranting special offers or content provided by third parties through our Services and that you will not attempt to hold us or our data providers accountable for inaccuracies.

The name "LookBerry" and other LookBerry trademarks, logos, images and phrases that we use in connection with our Services are trademarks, service marks or trade dress of LookBerry in Ukraine and other countries. They may not be used without the prior written permission from LookBerry.

Claims of intellectual property and copyright infringement are admitted in accordance with the international copyright acts.

We respond to notices of alleged copyright infringement in accordance with International Copyright Regulations. Examples of International Copyright and Related Rights Treaties:

• Bern Convention.
• Geneva Convention.
• Paris Convention.
• Madrid Agreement.
• World Intellectual Property Organization Copyright Treaty.
• TRIPS Agreement (Agreement on Trade-Related Aspects of Intellectual Property Rights).

LookBerry ensures that the elements and content used via our Services do not infringe on the copyrights, trademarks, or certain other intellectual property rights of third parties. If you believe that your intellectual property rights have been violated, notify our LookBerry team. Learn how to contact the LookBerry team.

Reserved and Restricted Funds

To protect LookBerry from the risk of liability for your actions as a merchant, LookBerry's partner payment organizations may restrict access to your funds as described in the Payment Policy.

Permission to Contact You; Recording Calls; Analyzing Message Contents

LookBerry may contact you by automated or pre-recorded calls and text messages to any phone number you provide us to:

• Notify you about your account.
• Troubleshoot problems with your account.
• Resolve a dispute.
• Collect a debt.
• Get your opinion through surveys or questionnaires.
• If necessary, to maintain your account or enforce compliance with this User Agreement, our policies, applicable law, or any other agreement we may have with you.

LookBerry may also contact you using automated or pre-recorded calls and text messages for marketing purposes (such as offers and promotions) if you consent to receive such communications.

The collection, use, disclosure, storage and protection of your personal information is governed by our Privacy Policy.

You may also opt-out of a particular text marketing campaign by clicking the "Unsubscribe" button at the end of the text message.

LookBerry may share your phone number with its authorized service providers and affiliate services as set forth in our User Privacy Policy. Service providers may contact you via automated or prerecorded calls and text messages only if permitted to do so for the purposes stated above.

LookBerry may, without further notice or warning and at its sole discretion, monitor or record telephone conversations that you or anyone acting on your behalf has with LookBerry or its agents for quality control and educational purposes or for its own protection.

LookBerry's automated systems scan and analyze the content of every message sent through its messaging platform, including messages between users, to detect and prevent fraudulent activity or violations of the LookBerry User Agreement, including terms, notices, rules and policies. This may result in a manual review of messages sent through our messaging tools. Such scanning and analysis may occur before, during, or after a message is sent.

If LookBerry provides you with another user's information, you agree to use that information only for the purpose for which it is provided to you. You may not disclose or distribute user information to any third party for purposes unrelated to our Services.

Additional Terms

Refunds and Cancellations for Sellers

Sellers may apply personal rules when reviewing return requests and refunds under certain circumstances. For all sellers that accept returns, LookBerry will establish a default rule that automates the return process (see Returns Policy). When an item return occurs or a transaction is canceled after payment is completed, LookBerry may refund the buyer on behalf of the seller or charge the seller for the refund.

In addition, LookBerry may charge sellers when:

• The return was issued automatically.
• The item does not match the description in the listing and is returned in accordance with LookBerry's Refund Guarantee Policy.

LookBerry or partner payment organizations may bill sellers for payment and charge such fees as described in the Payment Policy.

Returns and cancellations for customers

Customers generally do not have the right to cancel an order. Customers may request a cancellation of an order on LookBerry within a certain period of time. Under our Order Cancellation Policy, the seller will have 3 days to accept or deny the request. If an item needs to be exchanged, the customer can issue a refund for the item that did not fit and purchase another. In some cases, the customer may be responsible for the cost of return shipping of the item returned to the seller (see Returns Policy).

LookBerry Money-Back Guarantee

Most sales at LookBerry are successful, but if there is a problem with a purchase covered by the LookBerry Money-Back Guarantee, customers may receive a refund if the item fails to arrive, is defective, damaged, or does not meet the terms in the specific offer. You agree to abide by the policy and allow us to make the final decision on any LookBerry Money-Back Guarantee case.

If you (as the seller) choose to reimburse the buyer or are required to reimburse the buyer under the LookBerry Money-Back Guarantee, LookBerry or LookBerry's partner payment organizations may bill you for the amount of the refund or collect the refund from you as described in the Payment Policy.

If we are unable to collect a refund from you, we may collect unpaid refunds by other means.

We may suspend the LookBerry Money Back Guarantee in whole or in part without notice if we suspect abuse or interference with the policy.

Payment Services

Payments for items sold using our Services are made by LookBerry's partner payment organizations in accordance with the Payment Policy. To receive payment for items sold using our Services, you must accept and comply with the Payment Policy, including requirements to provide LookBerry's partner payment organizations with information about you, your business, and the financial account you will use to receive payments. If you are a customer:

• You can pay for items using the payment methods available to LookBerry's partner payment organizations, which in turn will manage the settlement of payments with merchants. By making a purchase, you authorize LookBerry's partner payment organizations to initiate payments using the payment method of your choice.
• In some cases, your transaction may be rejected, frozen or delayed for any reason, including due to suspected fraud, compliance with anti-money laundering requirements, compliance with economic or trade sanctions, due to LookBerry internal risk controls or due to potential violations of any LookBerry policies, policies of LookBerry partner payment organizations.
• LookBerry, LookBerry's partner payment organizations or affiliates may retain payment information, such as credit or debit card numbers and expiration dates, entered by you in our Services when you make a purchase or complete any other transaction on our Services in which card information is entered. Such stored payment information may be used as the default payment method for future transactions on our Services. At any time, you may update your card information or enter new card information, after which the new card information will be saved as the default payment method. You can make changes to the payment method in the Settings section of the Payment Settings tab, or change the payment method at checkout in the Cart section. The customer cannot make changes to the order after it has been paid for.
• You agree to comply with all applicable laws, regulations, rules, and terms of use for services provided by LookBerry's partner payment organizations and not to encourage a third party to violate them. You understand that certain third parties, such as credit and debit card issuers, credit and debit card networks, and payment service providers, may have their own terms for the payment or settlement methods you choose to use in connection with managed payment transactions. Failure to comply with the terms and conditions of third parties may result in fees being charged to you (for example, currency conversion fees from your credit card issuer if the transaction currency is different from your credit card currency) or other actions taken by such third parties.

Disclaimer of warranties and limitation of liability

We endeavor to ensure that our Services are secure, reliable and function properly, but we cannot guarantee uninterrupted operation of or access to our Services. Special offer updates and other notification features in the LookBerry app may not occur in real-time. Such features may be delayed beyond the control of LookBerry.

In addition, to the extent permitted by applicable law, under no circumstances will LookBerry (including our company, subsidiaries and affiliates, and our and their officers, directors, agents and employees) be liable to you or any third party for any indirect damages or losses (including but not limited to loss of money, goodwill, profits, other intangible or consequential losses), and all such losses are expressly excluded by this agreement. Without limiting the generality of the foregoing, we (including our company, subsidiaries and affiliates, and our and their officers, directors, agents and employees) shall not be liable and you agree not to hold us responsible for:

• The content you provide through our Services.
• Your use or inability to use our Services.
• Pricing, delivery, format or other recommendations provided by LookBerry.
• Delays or failures in the operation of our Services.
• Viruses or other malicious software obtained when you access or link to our Services.
• Failures, errors or inaccuracies of any kind in our Services.
• Damage to your hardware device as a result of your use of any LookBerry Service.
• Content, acts or omissions of third parties, including items listed using our Services, or destruction of allegedly fraudulent items.
• Suspension or other action taken with respect to your account for violation of the LookBerry Rules or Policies.
• The length or manner in which your listings appear in search results.
• Your need to change practices, content or behavior, or your loss or inability to conduct business as a result of changes in this User Agreement or our policies.

Some jurisdictions do not allow disclaimer of warranties or exclusion of indemnification. Regardless of the above information, if it is determined that we are liable to you or any third party, there are limitations:

• The amount due for payment - under the LookBerry Money Back Guarantee includes the price at which the item was sold, commission, and original shipping charges. Reimbursement for additional charges is not provided for and is not redeemable.
• The amount of the refund cannot exceed the total amount you paid us in the 12 months prior to the dispute.

If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way related to such disputes.

Indemnification

You agree to indemnify and hold us (including our affiliates and subsidiaries and our and their respective officers, directors, employees, agents) harmless from any claim or demand, including legal fees, made by any third party due to or arising out of your breach of this User Agreement, your improper use of our Services and the Services or your violation of any law or third party rights.

Legal Disputes

In this Legal Disputes section, the term "Related Third Parties" includes related affiliates, subsidiaries, parent companies, predecessors, successors, and your employees, LookBerry agents, and employees of LookBerry's partner organizations.

You and LookBerry agree that any claims or disputes at law or in equity that have arisen or may arise between you and LookBerry (or any related third parties) that are in any way related to or arise from this or previous versions of this User Agreement, your use of or access to the Services and Services, the actions of LookBerry or its agents, and any products or services sold or purchased on www. lookberry.com, on the LookBerry application, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.

A request for redress, petition, or lawsuit may be filed with the court, provided that you and LookBerry have the right to appeal the court's decision.

Notice to LookBerry must be sent at: Beneficiary Name: «LookBerry» Inc Account Number: 9800155685 Type of Account: «Checking» Beneficiary Address: 8 The Green, STE A Dover, DE 19901 IBAN / Account Number: 084106768 Beneficiary Name: «Evolve Bank & Trust Beneficiary» Address: 6070 Poplar Ave, Suite 200 Memphis, TN 38119 USA.

LookBerry will send you a Notice to the physical address listed on file. You are responsible for updating your physical address. You must personally sign the Notice in order for the Notice to be effective. Also include the nature and basis of the claim you are making, the specific legal remedy requested, and the email address and telephone number associated with your account.

If you and LookBerry cannot resolve the claims described in a valid Notice within 30 days after LookBerry receives this Notice, you or LookBerry may initiate legal action.

In addition to filing a request for damages, motion, or lawsuit in accordance with the rules and procedures, the party initiating the litigation must send a copy of the document to the opposing party. You may send a copy to LookBerry at the following addresses: 8 The Green, STE A Dover, DE 19901, 6070 Poplar Ave, Suite 200 Memphis, TN 38119 USA.

In the event LookBerry initiates litigation against you, LookBerry will send a copy of the document to the physical address associated with your LookBerry account.

In cases where the hearing is in-person, you and/or LookBerry may attend online unless otherwise requested by the court.

The court will decide the merits of all claims in accordance with applicable law, including recognized equitable principles, and will grant all claims of privilege recognized by law. The court is not bound by the decisions of prior litigation involving different users, but is bound by the decisions of prior litigation involving the same LookBerry user to the extent required by applicable law.

Notwithstanding anything in the User Agreement, you and us agree that if we make any amendments to this User Agreement (other than amendments to any notice address or site link provided herein) in the future, this amendment will not apply to a claim that was filed in a lawsuit against LookBerry prior to the effective date of the amendment.

The amendment applies to all other disputes or claims that have arisen or may arise between you and LookBerry. We will notify you of changes to this User Agreement by posting the amended terms on www.lookberry.com at least 30 days prior to the effective date of the amendment and by sending an email notice.

General

Unless otherwise provided in this User Agreement, if any term of this User Agreement is held invalid or unenforceable for any reason, such term shall be deleted and shall not affect the validity and enforceability of the remaining terms. We may, in our sole discretion, modify this User Agreement, in which case we will post a notice on www.lookberry.com.

Headings are for reference purposes only and do not limit the scope of the User Agreement. Our failure to act with respect to a violation committed by you or others does not disqualify us from acting with respect to subsequent or similar violations. We do not guarantee that we will take action against all violations of this User Agreement.

We may modify this User Agreement at any time by posting the modified terms on www.lookberry.com. Our right to amend the User Agreement includes the right to change, add or delete the terms of the User Agreement. We will give you 30 days' notice by posting the amended terms. In addition, we will notify you by email. Your continued access or use of our Services and Services constitutes your acceptance of the amended terms.

Without limiting LookBerry's ability to deny, modify or discontinue all or part of our Services and Services, LookBerry may also terminate this Agreement with any person at any time for any reason in our sole discretion by giving notice of such termination.

The policies and terms posted on www.lookberry.com may change from time to time. Changes will be effective when we post them on www.lookberry.com.

If you create or use an account on behalf of an entity, you represent that you are authorized to act on behalf of such entity and you bind that entity to this User Agreement. This User Agreement does not contemplate or create any agency relationship, partnership relationship, joint venture, employee-employer relationship, or franchisor-franchisee relationship.

The User Agreement and all terms and conditions published on www.lookberry.com set forth the entire understanding and agreement between you and LookBerry and supersede all prior understandings and agreements of the parties.