Terms & Conditions

Agreement to Terms

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and SeeInMe Inc (“SeeInMe”, “Company”, “we”, “us”, or “our”), concerning your access to and use of the https://app.seeinme.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). We are registered in the State of Missouri, United States and have our office at PO Box 1175, Lee’s Summit, MO 64063. You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of these Terms of Use. The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.

Intellectual Property Rights

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Site Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by applicable copyright, trademark and other intellectual property rights. The Site Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Site Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use.

User Representations

By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

User Registration

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

Products

We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Site. However, we do not guarantee that those details will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability. Descriptions of products are subject to change at any time without notice. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

Purchases and Payment

We accept the following forms of payment: Visa, Mastercard, and Stripe. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. Sales tax will be added to the price of purchases as deemed required by us. All payments shall be in U.S. dollars. You agree to pay all charges at the prices then in effect for your purchases and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis until you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing and to refuse any order placed through the Site.

Return/Refunds Policy

All sales are final and no refund will be issued.

User Contributions

The Site allows a parent, guardian, or other responsible party to submit certain information about an individual under their care or responsibility (“loved one”), including text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, a “Personality Profile”). The Site also allows a caregiver or employer to provide certain information and updates (together with the Personality Profile, “Contributions”). You are solely responsible for your Contributions. The Contributions will be treated in accordance with the Site Privacy Policy. You agree that you have the right and permission to submit your Contributions; Instant Connectors purchased from SeeInMe can be used to access Contributions; your Contributions will be accurate to the best of your knowledge; they will not violate any applicable law or the rights of any third party; you will not submit protected health information regulated by HIPAA except as permitted; and your Contributions will not otherwise violate these Terms of Use.

Prohibited Activities

You may not access or use the Site for any purpose other than that for which we make the Site available. As a user of the Site, you agree not to systematically retrieve data to create a collection or database; trick or mislead us or other users; circumvent security-related features; disparage us or the Site; harass or harm another person; make improper use of support services; use the Site in a manner inconsistent with applicable laws; upload viruses or other harmful material; engage in automated use of the system; delete proprietary notices; impersonate another user; interfere with the Site; copy or adapt the Site’s software; reverse engineer the software except as permitted by law; or use the Site as part of any effort to compete with us.

Feedback

You acknowledge and agree that any comments, suggestions, ideas, feedback, or other information regarding the Site or the products or services that we offer (“Feedback”) provided by you to us shall be deemed to be non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of any Feedback for any lawful purpose, without acknowledgment or compensation to you.

Third-Party Websites and Content

The Site may contain links to other websites (“Third-Party Websites”) as well as content belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy by us, and we are not responsible for them. If you decide to leave the Site, you do so at your own risk, and these Terms of Use no longer govern. Any purchases you make through Third-Party Websites are exclusively between you and the applicable third party.

Site Management

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who violates the law or these Terms of Use; (3) refuse, restrict access to, limit the availability of, or disable any content that you contribute to the Site; (4) remove or disable files and content that are excessive in size or burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property.

Privacy Policy

We care about data privacy and security. Please review our Privacy Policy at https://app.seeinme.com/privacy-policy. By using the Site or any of our products or services, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. The Site and the Marketplace Offerings are hosted in the United States. If you access the Site from any other region of the world with laws governing personal data that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

Term and Termination

These Terms of Use shall remain in full force and effect unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our products or services, or when you cease using our Site. If in our sole judgment you fail to comply with any term, we may terminate these Terms of Use at any time without notice and deny you access to our products or services. If we terminate or suspend your account, you are prohibited from registering a new account under your name, a fake or borrowed name, or the name of any third party.

Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of our products or services without notice at any time. We cannot guarantee the Site will be available at all times. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases.

Governing Law

These Terms of Use and our sale of any products or services to you shall be governed by and construed in accordance with the laws of the State of Missouri, without regard to its conflict of law principles. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.

Dispute Resolution

To expedite resolution and control the cost of any dispute, the Parties agree to first attempt to amicably resolve any Dispute informally for at least thirty (30) days before initiating arbitration. If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute will be finally and exclusively resolved by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). Except where otherwise required, the arbitration will take place in Kansas City, Missouri. Exceptions include disputes seeking to enforce intellectual property rights and any claim for injunctive relief. If this provision is found to be illegal or unenforceable, such Dispute shall be decided by a court of competent jurisdiction in Kansas City, Missouri.

Disclaimer

THE SITE, AND ALL PRODUCTS AND SERVICES THAT WE MAY PROVIDE TO YOU, ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THE SITE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Limitations of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES. OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $1,000.00 USD.

Indemnification

You agree to defend, indemnify, and hold harmless Company and our affiliates, and all of our respective officers, directors, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your use of the Site; (2) your breach of these Terms of Use; or (3) your Contributions.

Contact Us

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

SeeInMe, Inc PO Box 1175 Lee’s Summit, MO 64063 United States Support@SeeInMe.com