Terms of Service

Effective Date: September 9, 2026

These Terms of Service ("Terms") govern your access to and use of all websites, software, digital products, and clinical services offered by Need Eye Exam PLLC, a Texas professional limited liability company, doing business as Vision Looky ("Company," "we," "us," or "our"), including without limitation:

• The Vision Looky brand and clinical websites (optometry practice information, scheduling, and patient resources)
• LookyBox (lookybox.com) and any storefront operated under that name
• LookyMaster / LookyMaster Pro (lookymaster.com)
• Looky Kids software titles (including Looky Code, Looky Lemonade, Looky Spanish Cards, LookyMark, Vision Looky 3D Lab, and related titles)
• Eyeglass-Man® EMR, VisionLookyOS, LookyCAD, and other Vision Looky software tools
• Eye2Tap and related patented products
• Any other website, application, product, or service we identify as governed by these Terms

(collectively, the "Services"). By visiting any Vision Looky property, creating an account, purchasing a product, downloading software, or otherwise using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.

If you are using the Services on behalf of a company, school, or other organization, you represent that you have authority to bind that organization, and "you" refers to both you and that organization.

1. Who We Are

Need Eye Exam PLLC (d/b/a Vision Looky) operates a licensed optometric practice with locations in Frisco and Carrollton, Texas, and also develops and sells original software products under the Vision Looky, LookyBox, LookyMaster, and Looky Kids brands. Some Services are clinical in nature (provided by or under the supervision of a licensed optometrist); others are standalone software products unrelated to clinical care. Section 6 explains which is which.

2. Eligibility and Accounts

You must be at least 18 years old, or the age of majority in your jurisdiction, to purchase products, create an account, or enter into a binding agreement with us. If you are between 13 and 17, you may use age-appropriate Services only with the involvement and consent of a parent or legal guardian, who agrees to these Terms on your behalf.

Children under 13. Looky Kids titles are designed to be used by children under the supervision of a parent or guardian who makes the purchase. Consistent with the Children's Online Privacy Protection Act (COPPA), Looky Kids software does not require account creation, does not collect personal information from children within the software itself, and stores game progress locally on the user's own device (with manual export/import controls) rather than on our servers. Any purchase, download, or account activity connected to Looky Kids must be completed by an adult.

You are responsible for maintaining the confidentiality of any account credentials and for all activity under your account.

3. Acceptable Use

You agree not to:

• Use the Services for any unlawful purpose or in violation of any applicable law or regulation;
• Copy, redistribute, resell, sublicense, or share licensed software outside the terms of your purchase;
• Reverse engineer, decompile, or attempt to extract source code from any Vision Looky software, except to the extent expressly permitted by law;
• Remove, obscure, or alter any copyright, trademark, or other proprietary notice;
• Interfere with, disrupt, or attempt to gain unauthorized access to any Service, network, or account;
• Use any Service to infringe the intellectual property, privacy, or other rights of any third party;
• Misrepresent your identity or your relationship to any person or entity;
• Use any Vision Looky clinical tool, screening tool, or software output as a substitute for professional medical evaluation (see Section 6).

We may suspend or terminate access for any violation of this Section.

4. Digital Products and Software Licenses

Many Vision Looky Services — including LookyBox purchases, LookyMaster, Looky Kids titles, Eyeglass-Man® EMR, VisionLookyOS, and LookyCAD — are sold as buy-once, offline, single-file software products rather than subscriptions, unless a specific product page states otherwise.

License grant. Upon purchase, we grant you a limited, non-exclusive, non-transferable, revocable license to install and use the purchased software on the number of devices specified on the applicable product page, for your own personal or internal business use. This is a license, not a sale of the underlying software; we retain all ownership rights.

Restrictions. You may not rent, lease, sell, distribute, sublicense, or make the software available to third parties; use it to build a competing product; or remove licensing/attribution notices embedded in the product.

No warranty of fitness beyond what is stated. Software is provided for the specific purposes described on its product page. We do not warrant that it is error-free, uninterrupted, or fit for any purpose beyond what is expressly stated.

Refunds. Except where required by applicable law, digital product purchases are final and non-refundable once a download key or file has been delivered. Any refund policy specific to a product will be posted on that product's page and controls over any conflicting general statement here.

Updates. We may, but are not obligated to, provide updates, bug fixes, or new versions. Some products are intentionally offline/portable and will not auto-update.

5. Intellectual Property

We and our licensors own all right, title, and interest in the Services, including all software, source code, designs, trademarks, and content, except for content you separately own and provide to us as described in Section 7. This includes, without limitation:

• The trademark EYEGLASS-MAN® (U.S. Reg. No. 7,812,128) and the associated character and comic universe;
• U.S. Patent No. 12,699,864 B2 ("Eye2Tap") and our other issued patents and pending applications;
• The Vision Looky, LookyBox, LookyMaster, and Looky Kids names, logos, and trade dress;
• All software, source code, documentation, and product designs made available through the Services.

Nothing in these Terms transfers any ownership interest in the foregoing to you. You may not use our names, logos, or trademarks without our prior written permission.

6. Clinical Services and Health Disclaimers

Clinical care is separate from general Service use. Where you receive clinical care from Need Eye Exam PLLC / Vision Looky (in-office eye exams, prescriptions, treatment), that care is governed by your patient records, informed consent forms, and our Notice of Privacy Practices under HIPAA — not by these general Terms. If there is a conflict between this Section and your signed patient paperwork, your patient paperwork controls with respect to clinical care.

Software tools are not medical devices or diagnostic tools unless labeled as such. Tools such as the Vision Pattern Trainer, screening or intake software, and any AI-assisted feature are provided for informational, training, administrative, or research purposes. They are not a substitute for an in-person eye examination, diagnosis, or treatment by a licensed eye care professional, and no patient-provider relationship is created solely by using them. If you have a vision concern, symptom, or emergency, contact a licensed eye care provider or seek emergency care directly.

AI-generated or AI-assisted content. Some Services may use artificial intelligence to generate or summarize content. Such output may contain errors and should not be relied upon as medical, legal, or professional advice without independent verification by a qualified professional.

7. Your Content

If you submit content to us (reviews, support messages, survey responses, feedback, or similar), you retain ownership of it, but you grant us a non-exclusive, worldwide, royalty-free, sublicensable license to use, reproduce, and display that content for purposes of operating, improving, and marketing the Services. Any suggestions, ideas, or feedback you voluntarily give us about a product become ours to use without attribution or compensation, and you agree to assign to us any rights you may have in that feedback.

You represent that you have the rights necessary to submit any content you provide and that it does not infringe any third party's rights.

8. Third-Party Services and Links

The Services may link to or integrate with third-party websites, marketplaces, payment processors, or other services that are governed by their own terms. We are not responsible for third-party content, policies, or practices.

9. Fees, Payments, and Price Changes

Prices for digital products, clinical services, and any subscriptions are as stated at the time of purchase. We may change prices going forward; changes will not retroactively affect a completed purchase. You are responsible for providing accurate billing information and for any charges incurred under your account.

10. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.

This disclaimer does not apply to clinical services governed by your signed patient consent forms, or to any statutory warranty that cannot lawfully be disclaimed.

11. Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Need Eye Exam PLLC, its founders, owners, co-owners, officers, directors, employees, contractors, associates, collaborators, consultants, licensors, and affiliates (collectively, the "Company Parties") from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use or misuse of the Services; (b) your violation of these Terms or any applicable law; (c) your violation of any third party's rights; (d) any content you submit; or (e) any software, integration, or Agentic/automated action you configure or direct through the Services. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defense.

This indemnification obligation extends individually to each founder, co-owner, associate, and collaborator involved in developing, operating, or contributing to any Vision Looky, LookyBox, LookyMaster, Looky Kids, or Eye2Tap product or service, regardless of whether they are a named party to any dispute.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

This limitation does not apply to liability arising from our gross negligence, willful misconduct, or to clinical malpractice claims, which are governed by applicable Texas law and cannot be limited by contract.

Some jurisdictions do not allow certain limitations of liability, so some of the above may not apply to you.

13. Termination

You may stop using the Services and close your account at any time. We may suspend or terminate your access to any Service, without notice, if we determine you have violated these Terms, created risk or legal exposure for us or others, or if required by law. Sections that by their nature should survive termination (including Intellectual Property, Indemnification, Limitation of Liability, and Dispute Resolution) will survive.

14. Export Controls

You agree to comply with all applicable U.S. export control and economic sanctions laws in your use of the Services, and represent that you are not located in, or a resident of, any country or region subject to comprehensive U.S. sanctions, and are not on any U.S. government restricted-party list.

15. Dispute Resolution; Governing Law

Governing law. These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws principles, except where prohibited by applicable law.

Venue. Unless resolved through arbitration below, any dispute arising out of or relating to these Terms or the Services shall be brought exclusively in the state or federal courts located in Collin County or Denton County, Texas, and you consent to personal jurisdiction and venue there. Notwithstanding the foregoing, we reserve the right, in our sole discretion, to bring any claim, cause of action, or dispute we have against you in any competent court in the jurisdiction where you reside or are located, in addition to Collin or Denton County, Texas.

Carve-out for intellectual property and license enforcement. Notwithstanding the arbitration provision below, we may bring an action for injunctive or other equitable relief in any court of competent jurisdiction to protect our intellectual property, trade secrets, patents, trademarks, or software licenses, or to enforce Sections 4 (Digital Products and Software Licenses) and 5 (Intellectual Property) of these Terms, without first pursuing arbitration.

Arbitration and class action waiver. If the forum-selection clause above is found unenforceable as to a given dispute, you and we agree to resolve that dispute by binding arbitration administered by the American Arbitration Association in Collin County, Texas, on an individual basis only. The arbitrator shall have no authority to grant injunctive or equitable relief; such relief remains available to us in court as described above. You and we each waive any right to a jury trial or to participate in a class, collective, or representative action, to the fullest extent permitted by law.

Attorneys' fees. Except as required by law, each party bears its own arbitration costs and attorneys' fees, unless the arbitrator determines that your claim or defense was frivolous or brought in bad faith, in which case the arbitrator may award us costs and reasonable attorneys' fees.

Time limit to bring claims. To the extent permitted by law, any claim you bring arising out of or related to these Terms or the Services must be filed within one (1) year of when it accrues, or it is permanently barred. This limitations period does not restrict claims we bring against you, to the extent permitted by law.

16. General Provisions

Changes to these Terms. We may update these Terms from time to time. Material changes will be reflected by updating the Effective Date above; continued use of the Services after changes take effect constitutes acceptance.

Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms freely, including in connection with a merger, acquisition, or sale of assets.

Severability. If any provision of these Terms is found unenforceable, the remaining provisions remain in full force and effect.

Entire agreement. These Terms, together with any product-specific terms, license agreements, or patient consent forms referenced herein, constitute the entire agreement between you and us regarding the Services.

No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.

17. Contact Us

Questions about these Terms can be directed to:

Need Eye Exam PLLC (d/b/a Vision Looky) 2436 Quailcreek Drive, Little Elm, TX 75068 P.O. Box 3044, Aguadilla, PR 00605 Phone: (484) 288-0315 willisdennisg@gmail.com