Terms and conditions

These general terms and conditions (terms) govern the use of the website getlooky.ai and of the software-as-a-service offering “Looky”. The provider is Melo Designer GmbH, Zum Wallgraben 50b, 49696 Molbergen, Germany, entered in the commercial register of the Local Court (Amtsgericht) Local court (Amtsgericht) Oldenburg under HRB 216834, VAT ID DE331465335, email hallo@getlooky.ai (hereinafter “Looky” or “we”). These terms are version 2026-11-07.

Section 1 Scope and business customers only

1. These terms apply to all contracts between Looky and its customers (hereinafter “customer”) for the use of Looky, as well as to participation in the waitlist and in demos.
2. Looky is offered exclusively to entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), i.e. natural or legal persons and partnerships with legal capacity who, when concluding the contract, act in the exercise of their commercial or independent professional activity. This includes self-employed people, freelancers and personal brands who use Looky for their professional activity. We do not conclude contracts with consumers within the meaning of Section 13 BGB. At sign-up and again at the order step, the customer confirms in a separate box that they act as an entrepreneur; we store this confirmation with its text version and time.
3. If it turns out that a customer concluded the contract as a consumer contrary to this confirmation, we may end the contract with immediate effect. In this case we refund the fees paid for it.
4. Deviating, conflicting or supplementary terms of the customer only become part of the contract if we expressly agree to their validity in text form.

Section 2 Conclusion of contract

1. The presentation of the plans on getlooky.ai and in the Looky app is not a binding offer but an invitation to submit an offer.
2. The customer submits a binding offer by placing the order at the order step of the Looky app. Before ordering, the order step shows the plan, the billing period (monthly or yearly), the net price, the VAT, the full amount, the date of the first charge, any trial, the payment method and the cancellation rules. The customer accepts these terms and the data processing agreement in a box and confirms in a separate box that they order as an entrepreneur. The order is placed with the button “Zahlungspflichtig bestellen” (“Order with obligation to pay”).
3. Before placing the order, the customer can check all entries in the order step and correct them with the “Back” button or by closing the dialog.
4. We confirm receipt of the order immediately by email (receipt). The contract is concluded when we send the contract confirmation by email, which follows the receipt. It covers the plan, the price and the billing period shown at the order step.
5. We store the contract text. The order confirmation contains the order data and a link to these terms; the current version is always available on our website, and we send earlier versions on request. The contract languages are German and English.
6. For agencies and individual agreements, the contract may also be concluded by a separate offer and its acceptance in text form. Individual agreements take precedence over these terms.
7. The customer must provide true and complete information, in particular the company name and billing details, and keep it up to date.

Section 3 Waitlist and demo

1. Joining the waitlist and taking part in a demo are free of charge and non-binding.
2. Joining the waitlist or a demo does not create a contract for the use of Looky, nor any entitlement to access, a specific launch date or specific conditions.
3. Waitlist membership can be ended at any time via the unsubscribe link in every email or by writing to hallo@getlooky.ai. Details on data processing are in the privacy policy.

Section 4 Description of services

1. Looky is a web-based workspace for brand knowledge, content and visibility. Depending on the plan booked, Looky includes in particular:
   • brand profile and knowledge base (for example import of the website and documents, tone of voice, audiences, topics)
   • creation of drafts for blog articles, social media posts, hooks and video scripts, also from voice recordings
   • content calendar with approval process and audit log
   • scheduled publishing to connected channels
   • analysis of website, search and AI visibility with prioritized tasks
   • reply drafts for Google reviews
   • maintenance and checking of business data in directory listings
   • monitoring of selected competitors
   • separate client workspaces, roles and approvals for agencies
2. The specific scope of services, usage limits and allowances result from the plan description shown at the order step and on the pricing page at the time the contract is concluded, or from the individual offer. Each company (workspace) of a customer has its own plan.
3. We continuously develop Looky. We may change or replace functions if the contractually agreed core of the service is preserved and the change is reasonable for the customer. We will inform the customer of material changes in good time.
4. We owe the provision of the software for use via the internet, not a specific economic success.

Section 5 AI-generated content

1. Looky creates content with the help of AI models. This content consists of suggestions. It may be factually incorrect, incomplete or unsuitable. We give no warranty for the accuracy, completeness or legal admissibility of generated content.
2. The customer reviews content before publication and is responsible for all content published via their account, including compliance with competition, trademark, copyright, personality and professional regulations (for example the German Medicinal Products Advertising Act, HWG).
3. The customer decides in the approval settings whether content is approved manually, published automatically or published automatically with exceptions, as far as the plan allows. Nothing is published without an approval by the customer or a rule the customer has set. If the customer chooses automatic publishing, they are responsible for the rules they set and for the content published under them.
4. Personal stories, results, customer testimonials and opinions should only be based on material that the customer has supplied or approved.
5. We guarantee neither specific rankings in search engines nor reach, interactions or mentions and recommendations by AI systems. No one can guarantee a recommendation by AI systems.

Section 6 Customer obligations

1. The customer ensures that they hold the necessary rights to all content they upload to or import into Looky (for example texts, images, documents, voice recordings) and that its processing does not infringe the rights of third parties.
2. The customer does not use Looky for unlawful content, spam, deception, fake reviews or content that violates the policies of the connected platforms.
3. The customer keeps their access credentials secret, protects them from access by third parties and informs us without delay if misuse is suspected. They are responsible for actions taken via their account and the accounts of their team members.
4. The customer complies with the terms of use of the platforms whose accounts they connect to Looky.
5. If the customer processes personal data of third parties in Looky, they are responsible for this under data protection law and ensure that a legal basis exists.

Section 7 Connected third-party platforms

1. Looky can be connected to third-party platforms (for example WordPress, LinkedIn, Instagram, Facebook, X, TikTok, YouTube, Google Business Profile). The availability of these connections depends on the interfaces, policies and approvals of the respective providers.
2. If a provider changes its interface or policies or withdraws an approval, the function concerned may be restricted or discontinued. We endeavour to adapt promptly. We are not liable for disruptions, changes or decisions of the platform providers unless we are responsible for them.
3. The contractual relationship between the customer and the platform provider is governed exclusively by that provider's terms.

Section 8 Customer content and rights of use

1. For the term of the contract we grant the customer the non-exclusive, non-transferable right to use Looky for their own purposes within the scope of the plan booked. Agencies may use Looky for their clients under Section 12.
2. All rights to content provided by the customer (inputs) remain with the customer. As between the customer and us, all rights to the results created with Looky (outputs) belong to the customer, insofar as any rights can arise in them at all. We claim no rights to inputs or outputs.
3. The customer grants us the simple rights to inputs and outputs that are necessary to provide the contractual services (for example storing, processing, transmitting to AI service providers, publishing on connected channels). We do not use customer content to train our own AI models.
4. Rights to the Looky software, its design and the brand remain with us.

Section 9 Availability

1. We provide Looky via the internet and endeavour to keep it available at all times. We do not owe a specific availability (no fixed service level) unless one is agreed in an individual agreement.
2. We carry out plannable maintenance outside usual business hours (Monday to Friday, 8:00 to 18:00 German time) where possible and announce longer plannable maintenance in advance. Outages for which we are not responsible (for example force majeure, disruptions of third-party platforms or of the internet) are not our responsibility.
3. Publishing times on third-party platforms may be delayed by their interfaces. Failed publications are shown in Looky.

Section 10 Prices, trial and payment

1. The prices shown at the order step at the time of the order apply (also shown on the pricing page or in the individual offer). All prices are net prices plus the statutory VAT; the order step and the invoices show the full amount. Every further company of a customer receives the discount shown at the order step on its plan.
2. Trial. Where the order step offers a trial, it lasts 14 days from the moment the payment provider confirms the payment method, unless the order step shows a different period, and it covers the plan the customer chose. The customer provides a payment method when ordering. No fee is charged during the trial. Unless the customer cancels before the trial ends, the paid contract for the plan shown at the order step starts at the end of the trial, and the first fee is charged automatically to the stored payment method on that day. We notify the customer by email at least 7 days before this first charge and again shortly before it, each time with the plan, the full amount, the charge date and a link to cancel. If a notice could not be sent at least 7 days ahead, the first charge moves to 7 days after the notice. If no payment method is stored when the trial ends, nothing is charged and access becomes read-only until the customer orders a plan.
3. Billing. The fee for each billing period (one month, or one year for a yearly plan) is due in advance at the start of the period and is charged automatically to the stored payment method. Yearly plans are charged once for the whole year. We issue invoices electronically and make them available in the app and by email.
4. Payment providers and methods. Card and SEPA direct debit payments are processed by the payment service provider Mollie B.V., Keizersgracht 126, 1015 CW Amsterdam, Netherlands, PayPal payments by PayPal (Europe) S.à r.l. et Cie, S.C.A., Luxembourg. The payment methods available are shown at the order step. By choosing a payment method, the customer authorises us to collect the fees under this contract with it, also for later billing periods. The customer keeps the payment method valid and the account covered.
5. SEPA direct debit. For SEPA direct debits the customer grants Mollie B.V. a SEPA direct debit mandate at the order step; Mollie collects the fees for us under its creditor ID shown in the mandate. We send the mandate reference by email before the first debit. We announce every debit with its amount and due date at least 2 days before it is due (pre-notification); the parties agree on this shortened period. For the first debit after the trial, the charge notices under paragraph 2 are the pre-notification. If a debit fails, the email about the failed payment names the amount and the date of the next attempt and is the pre-notification for that attempt. For a payment the customer starts in the app (an order without a trial, or an upgrade), the order step and the email sent with it are the pre-notification, and the customer agrees that this amount is collected right away.
6. Plan changes. The customer can change the plan in the app. An upgrade takes effect immediately; the difference for the rest of the current billing period is charged proportionately. A downgrade, and a change from yearly to monthly billing, takes effect at the end of the current billing period, without a refund for the period already paid. During the trial, the plan can be changed without charge; the plan chosen last is charged at the end of the trial.
7. Failed payments and dunning. If a payment fails, we inform the customer by email and try to collect the amount again automatically, usually 3 and 7 days after the failure. If a paid amount is reversed (for example a SEPA return or a card chargeback), we inform the customer by email and the amount is due again. The customer can update the payment method in the app at any time; the open amount is then charged to it. If the open amount is not paid within 14 days of the failure or reversal, access is limited to reading, exporting and billing (read-only) and scheduled publications are paused until the amount is paid. We do not delete content for this reason. Further rights, in particular termination for good cause under Section 11(4), remain unaffected.
8. No refunds. The trial is the customer's test period. Fees that have been charged are not refunded, also not after a cancellation, a downgrade or a period of non-use, unless a refund is required by law or the customer terminates for good cause for which we are responsible. If the customer cancels before the trial ends, nothing is charged.
9. Price changes. We may change the prices of a running contract with effect from the start of a new billing period. We announce a price change in text form at least 6 weeks before it takes effect. The customer may then terminate the contract with effect from the date the change takes effect (special right of termination); we point this out in the announcement. If the customer does not terminate, the new price applies from that date.
10. The customer may only offset claims that are undisputed or have been finally established by a court.

Section 11 Term and termination

1. The contract starts with the order (with the trial, where offered) and runs for the billing period shown at the order step: one month for monthly plans, one year for yearly plans. It is extended by the same period in each case unless it is terminated.
2. The customer can terminate at any time. A monthly plan then ends at the end of the paid month, a yearly plan at the end of the paid year; until then the customer can keep using Looky. Cancellation during the trial ends the contract at the end of the trial without charge.
3. Termination is possible via the cancellation function in the Looky app (plan and billing), on the public cancel page on our website or in text form (for example by email to hallo@getlooky.ai). We may terminate the contract ordinarily with a notice period of 30 days to the end of a billing period.
4. The right of both parties to terminate for good cause remains unaffected. Good cause exists for us in particular if the customer, despite a warning, materially breaches Section 6 or is in arrears with payments of more than two monthly amounts.
5. Data export after the end. For 30 days after the contract ends, the customer can still sign in with read-only access and export their content with the export functions the app offers. We remind the customer by email before the deletion. After these 30 days we delete the customer's content, unless statutory retention obligations apply (for example for invoices).

Section 12 Agencies

1. Agency conditions (agency plans, the reseller discount and client workspaces) are only available to customers who use Looky to provide services for their own clients, i.e. for third-party companies that are not affiliated with the customer. The customer's own companies are booked on the regular plans. We grant the agency status after a conversation with the customer in which we check these requirements; customers cannot choose the agency status themselves at sign-up or in the Looky app.
2. The agency buys each client workspace from us at the list price of its plan less the reseller discount, as shown at the order step for the client workspace in the Looky app or as agreed in the individual offer. We invoice the agency. The agency offers its services to its clients in its own name and for its own account, invoices its clients itself and is solely responsible to them, in particular for its contract with them, support, invoicing and data protection. No contract is concluded between Looky and the agency's clients, and they have no claims against us under this contract.
3. Our list price is a non-binding recommended price for the agency's clients. The agency is free to set its own prices.
4. White label (the agency's own brand in place of the Looky brand) is an add-on that is booked separately by individual agreement, at the price agreed in it.
5. The agency ensures that its clients and their users comply with Sections 5 and 6. During an agency trial, the number of client workspaces is limited; the Looky app shows the limit under plan and billing while the trial runs.
6. If the conditions under paragraph 1 are not or no longer met, or if agency conditions are misused (for example by booking own or affiliated companies as client workspaces), we may withdraw the agency status after a warning in text form with a notice period of 30 days. From then on the regular list prices apply to the affected workspaces. Further rights remain unaffected.

Section 13 Referral program

Participation in the Looky referral program is governed by the separate referral program terms, which we publish on our website. They take precedence over these terms for the referral program.

Section 14 Data protection and data processing

1. We process personal data in accordance with the applicable data protection regulations. Details are in the privacy policy.
2. Where we process personal data on behalf of the customer, the data processing agreement under Art. 28 GDPR applies, with the list of sub-processors and the technical and organisational measures. It is part of this contract; the customer accepts it together with these terms at the order step or, for a contract concluded by a separate offer (Section 2(6)), with the acceptance of that offer.

Section 15 Warranty

1. The statutory provisions of tenancy law apply to defects in the software unless otherwise provided below.
2. Strict liability for defects already existing at the time the contract was concluded (Section 536a(1), first alternative, BGB) is excluded.
3. The customer reports defects without delay in text form with a comprehensible description. We remedy reported defects within a reasonable period, at our discretion also by means of a workaround.
4. Deviations of AI-generated content from the customer's expectations are not a defect provided that the software otherwise functions in accordance with the contract (see Section 5).

Section 16 Liability

1. We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act and to the extent of any guarantee we have given.
2. In the case of slight negligence, we are only liable for breach of an essential contractual obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the customer may regularly rely (cardinal obligation). In this case liability is limited to the damage typical for the contract and foreseeable at the time the contract was concluded.
3. Otherwise liability is excluded.
4. We are only liable for the loss of data in the amount that would have been incurred if the customer had backed up data properly and regularly, insofar as this is reasonable for the customer.
5. The above limitations also apply in favour of our legal representatives, employees and vicarious agents.

Section 17 Indemnification

The customer indemnifies us against all third-party claims based on unlawful use of Looky by the customer or on content that the customer has provided or published, including the reasonable costs of legal defence. This does not apply if the customer is not responsible for the infringement. We will inform the customer without delay of any claims asserted.

Section 18 Confidentiality

Both parties treat all confidential information of the other party that becomes known to them in connection with the contract as confidential and use it only to perform the contract. This includes in particular knowledge base content, unpublished drafts and business data. The obligation does not apply to information that is publicly known or that a party must disclose due to legal obligations. It continues beyond the end of the contract.

Section 19 Changes to these terms

1. We may change these terms with effect for the future if there is an objective reason (for example changes in legislation, case law, new functions or changes at third-party platforms) and the customer is not unreasonably disadvantaged as a result. Price changes are governed by Section 10(9).
2. We will notify changes in text form at least 6 weeks before they take effect. If the customer does not object in text form within this period, the changes are deemed accepted. We will specifically point out the period and the consequences of not objecting in the notification.
3. If the customer objects, both parties may terminate the contract with effect from the date the changes take effect.

Section 20 Final provisions

1. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
2. If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is Oldenburg (Oldenburg), Germany. We may also sue the customer at their general place of jurisdiction.
3. Should individual provisions of these terms be or become invalid, the validity of the remaining provisions remains unaffected. The statutory provision takes the place of the invalid provision.
4. These terms are concluded in German. An English translation is for information only; the German version is authoritative.