Lookbooks Terms of Service

1. Who We Are and Key Definitions

Lookbooks Media, Inc. (“Lookbooks,” “we,” “us,” or “our”) is a Delaware corporation with offices at 32 Mercer Floor 2, New York, New York 10013. “Customer,” “you,” and “your” mean the business or other legal entity identified during sign-up.

The following terms have the meanings below wherever they appear in this Agreement:

• Authorized Servers — Lookbooks’ servers, or the servers of Lookbooks’ third-party hosting suppliers, on which the Software runs.
• Customer Data — all data you or your Personnel enter in the course of using the Software and that is stored on the Authorized Servers, including any of that data that constitutes Personal Data.
• Documentation — the documentation Lookbooks generally makes available to customers in connection with use of the Software.
• Fees — the amounts payable by you to Lookbooks for the Services, as shown in your Order or in any separately accepted service order.
• Licensed Materials — the Software and associated Documentation made available to you, together with any materials Lookbooks delivers to you as a result of any additional services you purchase.
• Personnel — your employees, contractors, and (where applicable) individuals who are your clients or their employees, to the extent they use the Services in support of your business.
• Software — the LOOKBOOKSPro and Lookbooks Bookings applications, in object code form only.
• Third-Party Applications — applications you use that integrate with the Licensed Materials (for example, QuickBooks or NetSuite).
• Personal Data, Data Controller, Data Processor, Data Subject, Process/Processing, and Personal Data Breach — have the meanings given under applicable data protection law, as described further in Section 9.
• Additional defined terms specific to data processing appear in Section 9.

2. The Booking Module: License Grant and What’s Included

2.1 License grant. Subject to your compliance with this Agreement, including payment of Fees when due, Lookbooks grants you a non-exclusive, non-transferable, revocable license for your Personnel to: (a) access and use the Software, including the right to store Customer Data, on the Authorized Servers over the internet during the Service Window (defined in Section 6); and (b) use the Documentation and other Licensed Materials solely to support your use of the Software under this Agreement (the “License”).

Lookbooks reserves all rights in the Licensed Materials not expressly granted here — there are no implied rights. The Licensed Materials remain Lookbooks’ property (or that of its suppliers) and are licensed on a subscription basis, not sold. Unless Lookbooks agrees otherwise in writing, Lookbooks owns any update, adaptation, translation, customization, or derivative work of the Licensed Materials.

2.2 What’s included in the Booking module. Your subscription includes access to the following features, as made generally available by Lookbooks from time to time:

• Calendar & Booking Management — create, edit, and cancel bookings; view calendars by artist, client, job, or date; send automated booking notifications and calendar invitations to artists.
• Job Estimates & Templates — build job and production estimates using standard or custom expense templates.
• Invoicing — generate, send, and reconcile client invoices tied to booked jobs; track invoice status.
• Financial Reporting — access standard reports on current performance and upcoming booking pipeline; export data in formats we support.
• Accounting Integrations — connect to supported third-party accounting platforms (currently QuickBooks and NetSuite), subject to the fields and sync frequency those integrations support.
• Travel Itineraries — create travel itineraries for shoot crew tied to a booked job.
• User & Artist Management — manage user accounts, roles, and permissions on your account; notify artists of bookings.

We may update, improve, or change how these features work as part of normal product development, and Lookbooks is not obligated to update, upgrade, or extend the Licensed Materials. We’ll make reasonable efforts to flag material changes to core functionality, but minor changes may happen without advance notice.

2.3 What’s not included. Unless you separately purchase them (for example, through LB Creative or LB API), the Services do not include:

• Custom development, bespoke features, or integrations beyond our standard connectors
• Migration of your existing data from other systems
• Accounting, tax, or legal advice — our financial reports are informational only
• Guaranteed compatibility with versions of QuickBooks, NetSuite, or other Third-Party Applications beyond what we currently support
• Personalized training beyond our standard onboarding materials and Help Center resources
• Support for devices, browsers, or operating systems outside our published requirements
• Access to other Lookbooks products (Artist App, Agent App, Portfolio App, DAM, LBPro CMS), which require separate licenses

2.4 Use restrictions. You will use the Licensed Materials only for your internal business operations and in support of your own clients, and will not let any other third party use them. You may not sublicense, lease, sell, or otherwise transfer the License or the Licensed Materials. You may not (and may not help anyone else) copy, modify, translate, reverse engineer, decompile, or create derivative works of the Licensed Materials, except to the extent applicable law prohibits this restriction. You will comply with all applicable laws, including intellectual property laws, and with Lookbooks’ and any third-party hosting provider’s terms of service as made available to you from time to time. You will not share login credentials outside your own Personnel, exploit the Licensed Materials in any unauthorized manner, interfere with the Authorized Servers, or attempt to damage or disrupt the Services (including via hacking, denial-of-service attacks, or malicious code). You will not export or re-export the Licensed Materials in violation of U.S. export control law, and you represent that neither you nor your Personnel are located in an embargoed country or on a restricted-party list.

3. Your Account

• You’ll receive login access through credentials you or your administrator set up, and you’re responsible for keeping those credentials confidential and for all activity under your account.
• Only your designated Personnel may access the Services; you are solely responsible for granting and revoking their access.
• Your plan may limit the number of users, bookings, or storage included. If you exceed your plan’s limits, you may need to upgrade to continue full use of the Services, or additional usage may be billed as described in your Order.

4. Fees and Payment

You will pay all Fees for the Services in accordance with your Order, in U.S. dollars. Fees are non-refundable, and fixed recurring fees are billed in advance of each billing period. Usage-based charges (if any) are billed in arrears and are due within 30 days of invoice. You may not withhold or set off any Fees. If Fees aren’t paid when due, we may restrict or suspend your access to the Services; overdue amounts bear interest at the lesser of 1.5% per month or the maximum rate allowed by law, plus reasonable collection costs.

We may revise our pricing from time to time; where a price change applies to your existing plan, we’ll give you at least 30 days’ notice before it takes effect at your next renewal. Fees do not include applicable sales, use, VAT, GST, or similar taxes, which you’re responsible for in addition to the Fees (excluding taxes on Lookbooks’ net income).

Optional additional services (implementation, custom development, data migration, training, and similar work, including through LB Creative or LB API) are purchased separately through checkout or your account, and are governed by these Terms together with the service-specific terms presented at the time of purchase.

5. Term, Renewal, and Termination

Unless your Order states otherwise, new customers receive a 30-day free trial starting on sign-up. Unless you cancel before the trial ends, it automatically converts to the paid subscription you selected, and you authorize us to charge your payment method on file on the disclosed first-charge date. Your subscription then automatically renews for successive periods matching your billing cycle until you cancel through your account settings or by contacting support.

We may suspend your access immediately where reasonably necessary to prevent harm, address a security risk, comply with law, respond to nonpayment, or investigate a material violation — and where practicable, we’ll give notice and limit the suspension to the affected part of the Services. Either party may terminate for an uncured material breach on 30 days’ electronic notice (7 days for a payment breach), or immediately upon the other party’s insolvency. We may terminate without cause on 60 days’ notice, or 30 days’ notice if we generally stop offering the Services.

On termination or expiration, your access to the Licensed Materials ends, and provisions that by their nature should survive (including Sections 7–9 and 12–14) continue to apply. At your request made within 30 days of termination, and provided you’ve paid all Fees due, we’ll provide a backup of your Customer Data for a reasonable fee; we are not obligated to retain Customer Data after that 30-day window, except as described in Section 9 for Personal Data.

6. Support and Service Availability

We provide technical support during our normal business hours (currently 8 a.m.–5 p.m. Eastern, non-holiday weekdays) for issues relating to use of the Licensed Materials, to your designated contacts only. Support does not include training; training is only available as a separately purchased service. You’re responsible for your own internet connection, network, and equipment needed to access the Services.

The “Service Window” is 24/7, excluding: (a) scheduled maintenance of up to 4 hours per week plus 4 hours per month, which we’ll try to schedule outside normal business hours; (b) additional maintenance as reasonably necessary for critical issues; and (c) downtime caused by you or by events outside our reasonable control.

We may discontinue support for the Software, specific features, or any Service component that depends on a third-party technology we no longer support (for example, an outdated browser or operating system), consistent with our then-current discontinuation policy. We have no obligation to support system requirements or environments that their own provider no longer supports.

7. Customer Data and Intellectual Property

7.1 Your data. As between you and Lookbooks, you own all right, title, and interest in Customer Data. We will keep Customer Data confidential as described in Section 8, and will only access and use it to provide technical support and the Services, to monitor and improve system performance, and to create anonymized, aggregated data we may use without obligation to you. You are responsible for ensuring Customer Data doesn’t contain unlawful, offensive, or malicious content, and that your collection and use of it complies with applicable law, including data privacy and security laws.

7.2 Our intellectual property. As between you and Lookbooks, we own all right, title, and interest in the Licensed Materials and in any work product we develop while performing services for you — including any bug-fixes, modifications, or enhancements made at your suggestion or request, which we may use and make available to other customers without obligation to you. This Agreement gives you no rights to Lookbooks’ trademarks or logos. You grant us a limited right to use your name and logo to identify you as a Lookbooks customer on our website and customer lists; you may revoke this by contacting us.

8. Confidentiality

You will keep confidential all non-public information Lookbooks discloses to you that should reasonably be understood as confidential — including the Licensed Materials and the terms of this Agreement — using at least the same care you use for your own confidential information, and in any case reasonable care. You will use it only to further the purposes of this Agreement, and will ensure your Personnel comply with this obligation. This obligation doesn’t apply to information that is or becomes public through no fault of yours, that you already knew, that a third party gave you without restriction, or that you independently developed; you may also disclose it where required by law or valid legal process, provided you give us prompt notice where permitted. During the term and for two years after, you will not solicit Lookbooks’ employees or contractors for hire.

9. Data Processing Terms

(This section is based on the Lookbooks Data Processing Addendum and applies whenever we process Personal Data on your behalf in providing the Services. It forms part of this Agreement and, as to the processing of Personal Data, controls over any conflicting provision elsewhere in this Agreement.)

9.1 Roles of the parties. Where Lookbooks (or a Sub-Processor) processes Personal Data in connection with the Services, Lookbooks acts as the Data Processor and you act as the Data Controller. “Applicable Data Protection Law” means data protection and privacy laws that apply to the Personal Data processed under this Agreement, including the UK GDPR, the Data Protection Act 2018, and, where applicable, the EU GDPR. “Personal Data,” “Process/Processing,” “Data Subject,” “Personal Data Breach,” and related terms have the meanings given under Applicable Data Protection Law. “Sub-Processor” means a third party we engage to process Personal Data on your behalf. Annex A lists our current Sub-Processors and Annex B summarizes our security measures; both are part of this Agreement.

9.2 Our obligations as processor. We will: (a) process Personal Data only in accordance with your documented instructions (this Agreement counts as such an instruction, and email is sufficient for further instructions) and Applicable Data Protection Law; (b) assist you, to the extent technically and legally possible, in responding to Data Subject requests; (c) give you reasonable assistance with your own security, breach-notification, impact-assessment, and regulator-consultation obligations, taking into account the information and means available to us; and (d) ensure our personnel and any Sub-Processors with access to Personal Data are bound by confidentiality obligations.

9.3 Your obligations as controller. You are responsible for determining the purposes and means of processing, and for confirming that your processing instructions and the Personal Data involved are lawful, fair, and transparent to Data Subjects. You will provide us with information reasonably necessary to demonstrate compliance with this Section and cooperate with our reasonable compliance assessments.

9.4 Security measures. We will implement and maintain appropriate technical and organizational measures to protect Personal Data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or access — including measures to ensure confidentiality, integrity, availability, and resilience of our systems, and to restore access to data promptly after an incident. A summary of our current measures is in Annex B; we may update these from time to time provided the change doesn’t materially reduce the level of protection.

9.5 Personal Data Breaches. We will notify you of any Personal Data Breach without undue delay, and in any event within 24 hours of becoming aware of it. We will investigate the breach, give you reasonably detailed information about it, take reasonable steps to mitigate its effects, and assist you in notifying Data Subjects or regulators as required by Applicable Data Protection Law.

9.6 Sub-Processors. You give us general authorization to engage Sub-Processors in connection with the Services; our current list is in Annex A and is available on request as it’s updated. We’ll give you at least 14 days’ notice before a new Sub-Processor begins processing Personal Data; if you reasonably object on data protection grounds within that period, we’ll discuss the objection in good faith, and if it isn’t resolved, either party may terminate the affected part of the Services. We remain responsible for each Sub-Processor’s compliance with obligations substantially equivalent to those in this Section, and for their acts and omissions.

9.7 International transfers. You acknowledge Lookbooks is based in the United States, and that transferring Personal Data to us (or onward to a Sub-Processor outside the country of origin) may be a restricted transfer under Applicable Data Protection Law. We will only make or permit such a transfer where it is supported by an applicable adequacy decision (including the EU-U.S. or UK-U.S. Data Privacy Framework, where we maintain an active certification), the UK International Data Transfer Agreement or Addendum, the EU Standard Contractual Clauses (where EU GDPR applies), or another lawful transfer mechanism. If a transfer mechanism we rely on stops being valid, we’ll work with you to implement an alternative, and will suspend the affected transfer in the meantime unless another lawful basis applies.

9.8 Data Subject requests. We will assist you, so far as possible, in responding to Data Subject requests to exercise their rights; we have no obligation to respond directly to such a request unless required by law. This assistance is included in the Services and isn’t separately chargeable, except where you request assistance beyond what’s reasonably required for legal compliance. Content we provide will be complete; redacting or adapting it to meet Applicable Data Protection Law is your responsibility, as is determining whether a given request is valid.

9.9 Audits. At your expense, and to the extent Applicable Data Protection Law permits, we’ll make available information reasonably requested about our processing of Personal Data, and will assist with audits reasonably requested to verify our compliance with this Section — conducted remotely where possible (via documentation review, security questionnaires, and a scheduled call), no more than once per year absent a suspected breach or legal requirement, and on at least 14 business days’ notice. Where we maintain a current ISO 27001 or SOC 2 certification covering the Services, providing the certificate and audit summary satisfies this obligation in the first instance. On-site access is available only as a fallback where remote methods are insufficient to address a specific documented concern, is limited to systems we directly operate, requires 14 business days’ notice, and is limited to once a year absent suspected fraud or a breach. We’re not required to disclose information we hold in confidence on behalf of other customers.

9.10 Retention and deletion. Consistent with Section 5, once your subscription ends we will notify you and delete Personal Data in our possession within 14 days, except data retained in archived backups, which is deleted on our standard backup cycle. At your request made within 30 days of termination, and subject to your reasonable costs, we’ll provide a backup of the Personal Data in a usable format before deletion. We are not required to delete data we must retain by law or that we reasonably need to protect our legal rights under this Agreement.

9.11 Liability under this Section. We will indemnify you against liabilities, claims, damages, and reasonable legal expenses arising from our breach of Sections 9.2 or 9.5 (including a Sub-Processor’s acts or omissions), excluding any fine or penalty that can’t lawfully be indemnified. Neither party is liable to the other for indirect, special, incidental, or consequential damages under this Section. Our aggregate liability arising out of or in connection with this Section 9, together with our liability under the rest of this Agreement, will not exceed the cap described in Section 12 — this is a single shared cap, not an additional one. Where you become aware of a claim covered by this indemnity, you’ll notify us promptly, share reasonably requested details, and let us participate in or conduct the defense.

10. Third-Party Applications and Integrations

We have no responsibility for Third-Party Applications or for the transfer of data between our Software and those applications. We don’t control, endorse, or recommend Third-Party Applications; their providers are solely responsible for their own performance and data handling, and we aren’t liable for damages arising from them. If the Services let you interact with social platforms (for example, to share content), your use of those platforms is subject to their own terms and privacy policies.

11. Warranties and Disclaimers

You’re solely responsible for your use of the Licensed Materials and Services and for verifying the results you get from that use. Except as expressly stated in this Agreement, THE LICENSED MATERIALS AND SERVICES ARE PROVIDED “AS IS,” AND LOOKBOOKS DISCLAIMS ALL WARRANTIES, WHETHER STATUTORY, EXPRESS, OR IMPLIED, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. We don’t warrant the Services will meet your requirements or be uninterrupted, error-free, or free of bugs or vulnerabilities.

We warrant that we have the right to grant this license and provide the Services without violating third-party rights to the best of our knowledge, and that we’ll perform any additional services in a professional manner — your exclusive remedy for a failure to meet that standard is that we’ll use commercially reasonable efforts to re-perform the non-conforming work. You remain solely responsible for ensuring your use of the Services and Customer Data complies with applicable law, including data privacy and security laws.

12. Limitation of Liability; Indemnification

LOOKBOOKS WILL NOT BE LIABLE TO YOU FOR PERSONAL INJURY, LOST PROFITS, LOSS OF DATA, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EVEN IF WE’VE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. This limitation applies in the aggregate across all claims, but doesn’t limit your payment obligations under Section 4.

You will defend, indemnify, and hold us harmless from third-party claims, damages, and reasonable attorneys’ fees arising from: your Customer Data; your or your Personnel’s unlawful or unauthorized use of the Services; your material breach of the use restrictions or data-compliance obligations in this Agreement; Third-Party Applications you’ve selected or enabled; or infringement claims caused by your Customer Data. We’ll give you prompt notice and reasonable cooperation, you may control the defense, and you may not settle in a way that admits our liability or imposes obligations on us without our consent.

Our total cumulative liability under this Agreement, regardless of the theory of recovery, will not exceed the highest total amount of Fees (excluding fees for additional purchased services) you paid us in the one-year period ending on the relevant anniversary of your Effective Date. This is the same cap referenced in Section 9.11 and is not additive.

13. Dispute Resolution and Governing Law

Any dispute arising out of or relating to this Agreement will be resolved by binding arbitration before a single arbitrator administered by JAMS under its Streamlined Arbitration Rules, in New York, New York. By accepting these Terms, you knowingly agree to arbitration and waive any right to have the dispute decided by a judge or jury; there’s no separate arbitration opt-out. Notwithstanding this, in the event of an actual or threatened breach of Section 2 (License) or Section 8 (Confidentiality), we may seek preliminary or other equitable relief in a court of competent jurisdiction in New York, New York, and you waive any objection to personal jurisdiction or venue there.

This Agreement is governed by the laws of the State of New York, without regard to its conflict-of-law rules; the UN Convention on Contracts for the International Sale of Goods does not apply. In any litigation or arbitration to enforce this Agreement, the prevailing party is entitled to reasonable attorneys’ fees and costs.

14. General Provisions

Notices. We’ll send notices to the email address associated with your account. You can reach us using the contact details in your account or on our website.

Severability. If any term is found unenforceable, it will be modified to the least extent necessary to make it enforceable, and the rest of the Agreement remains in effect.

Force majeure. Except for payment obligations, neither party is responsible for delay or failure to perform caused by events beyond its reasonable control (for example, acts of God, war, civil unrest, natural disaster, epidemic, or labor disputes). We can’t guarantee the Services will be uninterrupted, error-free, or fully secure where the cause is outside our reasonable control.

Waiver and modification. A waiver of any breach isn’t a waiver of any other breach, and must be in writing to be effective. We may update these Terms from time to time; where a change is material, we’ll provide reasonable notice (for example, by email or in-app notice) before it takes effect. Continued use of the Services after a change takes effect means you accept the updated Terms.

Assignment. This Agreement is personal to you; you may not assign or transfer it (including via a change of control) without our prior written consent. We may assign this Agreement in connection with a merger, acquisition, or sale of assets.

Relationship of the parties. Lookbooks is an independent contractor, not your agent, joint venturer, or partner. There are no third-party beneficiaries to this Agreement.

Entire agreement. This Agreement, including Annexes A and B, is the entire agreement between you and Lookbooks regarding its subject matter, and supersedes any prior discussions or agreements on that subject.

Annex A — Sub-Processors

We use the following Sub-Processors in connection with the Services as of the date of this Agreement. This list may be updated from time to time in accordance with Section 9.6; a current list is available on request.

Annex B — Security Measures

A summary of the technical and organizational security measures we apply is set out below. These may change from time to time, provided the change does not materially reduce the level of protection.

• Logging and monitoring via Datadog
• Data segregation: every customer has its own database
• Daily backups, with the last 7 days retained
• Signed URLs with a 24-hour expiration for all booking documents, accessible only through the booking system