Glimpse LLC (doing business as "Skylight"), a Delaware Limited Liability Company ("Skylight", "we" or "us")
Last updated: March 4th, 2026. Prior Version here.
Please read the following Terms of Service (these "Terms") carefully. These Terms form an
agreement between You and Glimpse LLC (doing business as "Skylight"), a Delaware Limited
Liability Company ("Skylight", "we" or "us"). THIS DOCUMENT CONTAINS VERY IMPORTANT
INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND
EXCLUSIONS THAT MIGHT APPLY TO YOU.
THESE TERMS SET FORTH BELOW "TERMS" GOVERN YOUR USE OF THE WEBSITE LOCATED AT
WWW.MYSKYLIGHT.COM, WWW.SKYLIGHTFRAME.COM, OURSKYLIGHT.COM, THE SKYLIGHT APP, ANY OTHER
WEBSITE, APPLICATION OR OTHER DIGITAL SITE THAT WE OWN, CONTROL OR OPERATE (EACH A "SITE"
AND TOGETHER THE "SITES"), AND THE SKYLIGHT PRODUCTS INCLUDING THE FRAMES AND CALENDARS,
AS WELL AS OUR OTHER OFFERINGS INCLUDING SIDEKICK, SKYLIGHT PLUS AND ANY OTHER PRODUCTS,
SERVICES, SUBSCRIPTIONS OR PROPERITIES THAT SKYLIGHT MAY OFFER FROM TIME TO TIME
(COLLECTIVELY, THE "PRODUCTS AND/OR SERVICES" AS THE CONTEXT REQUIRES). BY PLACING AN
ORDER FOR PRODUCTS OR SERVICES FROM A SITE AND/OR REGISTERING A PRODUCT, YOU AFFIRM THAT
YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE
TERMS. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE
SITES OR THE PRODUCTS AND/OR SERVICES OR ANY INFORMATION CONTAINED HEREIN OR THEREIN. YOUR
USE OF THIS SITE OR CLICKING "I AGREE" WHEN YOU REGISTER YOUR PRODUCT OR SIGN UP FOR A
SERVICE, AS WELL AS THE CONTINUED USE THE PRODUCTS AND/OR SERVICES WILL BE DEEMED TO BE
YOUR AGREEMENT TO ABIDE BY THE TERMS SET FORTH HEREIN. SKYLIGHT MAY MAKE CHANGES TO THE
CONTENT AND THE SERVICES OFFERED ON THIS SITE AT ANY TIME. SKYLIGHT MAY CHANGE THESE TERMS
AT ANY TIME BY POSTING UPDATED TERMS OF USE ON THE SITE(S).
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM A SITE OR FROM US IF YOU (A) DO NOT
AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL
AGE TO FORM A BINDING CONTRACT WITH US, OR (C) ARE PROHIBITED FROM ACCESSING OR USING OUR
SITES, PRODUCTS AND/OR SERVICES BY APPLICABLE LAW. YOUR USE OF THE PRODUCTS AND/OR
SERVICES AND THE SITE(S) IS UNIQUE AND PERSONAL TO YOU AND MAY NOT BE USED FOR ANY
COMMERCIAL PURPOSES.
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN
SECTION 20 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE
DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OR
CLASS ARBITRATIONS OF ANY KIND.
- Order Acceptance and Cancellation.
You agree that your order is an offer to buy, under these Terms, all Products and Services
listed in your order. All orders must be accepted by us, or we will not be obligated to
sell the Products or Services to you. We may choose not to accept orders at our sole
discretion, even after we send you a confirmation email with your order number and details
of the items you have ordered.
- Prices and Payment Terms.
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All prices posted on the Sites are subject to change without notice. The price charged
for a Product or Service will be the price in effect at the time the order is placed and
will be set out in your order confirmation. Price increases for Products and
non-subscription Services will only apply to orders placed after such changes. Posted
prices do not include taxes or charges for shipping and handling. All such taxes and
charges will be added to your order total and will be itemized in your shopping cart and
in your order confirmation email. We are not responsible for pricing, typographical, or
other errors in any offer by us and we reserve the right to cancel any orders arising
from such errors. We may, from time to time, provide coupons or discount codes. These
are subject to terms and conditions located at
https://skylight-legal-public-docs.s3.us-east-1.amazonaws.com/coupon-terms.pdf and are
subject to change from time to time in our sole discretion.
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The Site includes Products and/or Services for purchase. Terms of payment are within our
sole discretion and payment must be received by us before our acceptance of an order. We
may also require that You purchase a subscription to use certain features of a Product
and/or Services (a "Premium Membership"). By purchasing a Product, a Premium Membership
or any other Services (each, a "Transaction"), You expressly authorize Skylight (or its
third-party payment processor) to charge You for such Transaction.
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We accept credit cards and other methods of payment as listed on the checkout page.
Skylight may ask You to provide additional information relevant to your Transaction,
including your credit card number, the expiration date of your credit card and your email
and postal addresses for billing and notification (such information, "Payment
Information"). You represent and warrant that (i) the information you supply to us is
true, correct, and complete, (ii) you are duly authorized to use such payment method for
the purchase, (iii) charges incurred by you will be honored by your payment company, and
(iv) you will pay charges incurred by you at the posted prices, and including all
applicable taxes, if any. You acknowledge and agree that we have no liability with
respect to any act or omission by your payment provider. When You initiate a Transaction,
You authorize us to provide your Payment Information to third parties so we can complete
your Transaction and to charge your payment method for the type of Transaction You have
selected (plus any applicable taxes and other charges). You may need to provide additional
information to verify your identity before completing your Transaction (such information
is included within the definition of Payment Information).
- Shipments; Delivery; Title and Risk of Loss.
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We will arrange for shipment of the Products to you. You will pay all shipping and
handling charges specified during the ordering process.
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Title and risk of loss pass to you upon delivery. Shipping and delivery dates are
estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
- Registration
When You register your Product or for a Service, You will be asked to create your own
profile, and additionally other portions of the Sites may provide you the opportunity to
create a profile. Your profile includes, but is not limited to, personal information such
as your user name, your email and general information You wish to disclose about yourself.
- General Use Restrictions
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Materials. Certain information, documents, materials and services
provided on and through the Site(s), Products and/or Services, including content, logos,
graphics and images (together, the "Materials") are made available to You by us and
include copyrighted and/or trademarked work. Materials do not include Your Content (as
defined below). Materials could include Third Party Content (as defined below) and the
restrictions and limitations contained herein apply to Materials, whether Skylight's or
Third Party Content.
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License. Skylight grants You a limited, personal, non-exclusive
and non-transferable license to use the Materials solely for your personal use. Except
for the license set forth in the preceding sentence above, You acknowledge and agree that
You have no right to modify, edit, copy, reproduce, create derivative works of, reverse
engineer, alter, enhance or in any way exploit any of the Materials in any manner other
than for your own personal use as part of the Products and/or Services. This limited
license terminates automatically, without notice to You, if You breach any of these
Terms. Upon termination of this limited license, You agree to immediately destroy any
downloaded or printed Materials. Except as stated herein, You acknowledge that You have
no right, title or interest in or to the Site(s), any Materials, or the Products and/or
Services.
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Restrictions. You are permitted to access and use the Products
and/or Services and Skylight reserves the right to audit such use. You will be
responsible for ensuring the security and confidentiality of all log-on identifiers,
including usernames and passwords, assigned to, or created by, You in order to access or
use the Products and/or Services (an "ID"). You accept that You will be solely
responsible for all access and use of the Products and/or Services that occur under your
ID and will promptly notify Skylight upon becoming aware of any unauthorized access to or
use of the Products and/or Services. You will provide all reasonable assistance to
Skylight to bring an end to such unauthorized access or use.
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Use Limits. You agree not to misuse the Products and/or Services.
For example, You must not, and must not attempt to, use the Products and/or Services to
do the following things: (i) probe, scan, or test the vulnerability of any system or
network; (ii) breach or otherwise circumvent any security or authentication measures;
(iii) access, tamper with, or use non-public areas of the Service, shared areas of the
Service You have not been invited to, Skylight (or our service providers') computer
systems; (iv) interfere with or disrupt any user, host, or network, for example by
sending a virus, overloading, flooding, spamming, or mail-bombing any part of the
Products and/or Services; (v) plant malware or otherwise use the Products and/or Services
to distribute malware; (vi) access or search the Products and/or Services by any means
other than our publicly supported interfaces (for example, "scraping"); (vii) send
unsolicited communications, promotions or advertisements, or spam; (viii) send altered,
deceptive or false source-identifying information, including "spoofing" or "phishing";
(ix) publish anything that is fraudulent, misleading, or infringes another's rights;
(x) promote or advertise products or Products and/or Services other than your own without
appropriate authorization; (xi) impersonate or misrepresent your affiliation with any
person or entity; (xii) publish or share materials that are unlawfully pornographic or
indecent, or that advocate bigotry, religious, racial or ethnic hatred; (xiii) violate
the law in any way, or to violate the privacy of others, or to defame others; or
(xiv) modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter,
enhance or in any way exploit any software or hardware.
- Privacy Policy
We respect your privacy and are committed to protecting it. Our Privacy Policy,
https://myskylight.com/privacy-policy/, governs the processing of all personal data
collected from you in connection with your purchase of Products and/or Services and your
interaction through the Sites, as well as through other means, including contacting customer
service or interacting with us through our advertising or channels.
- Content
As between You and Us, You will remain the owner of all rights (including all intellectual
property rights) in all data, information or material provided by You or your Related
Parties (as defined below) to Skylight through access to or use of the Products and/or
Services (together "Your Content"). You grant Skylight a perpetual, irrevocable,
non-exclusive, worldwide and royalty-free license, to use, reproduce, distribute, publish
and publicly display the Content and the right to modify, adapt, translate, create
derivative works from and/or incorporate the same into other works in any form, media or
technology (whether now known or later developed), solely and exclusively for the purpose of
providing the Products and/or Services to You and performing Skylight's obligations under
this Agreement. You represent and warrant that You or your Related Party (as applicable)
have all necessary rights, title and interest to provide to Us and to our third-party
providers all of Your Content for use as provided in these Terms. This includes the right
for Skylight to provide, assign and/or sub-license the same to any of its affiliates or
service providers or sub-license to licensors, but only to the extent required by Skylight
to provide the Products and/or Services and perform its obligations under this Agreement.
For the avoidance of doubt, no media that you share with Skylight in accordance with the
foregoing, and including any derivative works thereof, will be used for marketing or other
purposes unrelated to your use of the Products and/or Services, without your express
permission.
You agree You will not, and will not allow any Related Party to, upload, post or otherwise
make available through any Product or Service any material protected by copyright,
trademark, or any other proprietary right without the express permission of the owner of
such right, and the burden of determining whether any of Your Content is protected by any
such right is on You. You will be solely liable for any damage resulting from any
infringement of copyrights, trademarks, proprietary rights, or any other harm resulting
from any of Your Content that You make. You represent and warrant that: (i) You own all of
Your Content or otherwise have all rights necessary to provide to Skylight (via the
Products and/or Services or Site(s), set forth in this section; and (ii) the providing of
Your Content through the Products and/or Services do not violate the privacy rights,
publicity rights, trademark rights, copyrights, contract rights or any other rights of any
person or entity. You agree to pay for all royalties, fees, damages and any other monies
owing to any person by You, your Related Parties or by Skylight or any third party provider
in connection with Your Content.
- Products and/or Services Modifications and Updates
The Products and Services are primarily for the display of Your Content in digital form in
Skylight products. Skylight reserves the right to make enhancements or other modifications
to the Products (including via software updates) and/or Services from time to time, without
materially detracting from their overall functionality. Skylight may allow or require you to
download updates or patches onto your Skylight Products. Certain updates may be required to
continue use of Skylight Products and Services. You consent to Skylight automatically
installing available updates to Skylight Products and Services. Failure to install available
updates may render Skylight Products and/or Services unusable.
- Suspension of Services
Skylight may temporarily suspend (in whole or part) access to the Services: (i) for the
purpose of performing maintenance and/or of updating the Services (whether on a scheduled or
unscheduled basis); (ii) due to a security threat or prejudicial use of the Services
(perceived or actual); (iii) to comply with any applicable law or the requirement of any
Internet or, if applicable, telecommunication networks service provider upon whom Skylight
relies for the provision of the Services; (iv) to address, remedy or prevent any breach of
this Agreement by You; or (v) to minimize any period of interruption and restore the
Services as soon as reasonably possible, except where the cause of suspension arises from
your breach and You have failed to take the necessary steps to remedy the breach.
- Third Party Providers
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Certain information and other content appearing in the Products and/or Services may be
the material of third party licensors, users or suppliers to Skylight ("Third Party
Content"). Third Party Content does not include Your Content. You acknowledge and agree
that under these terms alone You have no right to download, cache, reproduce, modify,
display, edit, alter or enhance any of the Third Party Content in any manner unless You
have permission from the owner of the Third Party Content. Third Party Content is
provided "as is" without any representations or warranties.
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Third parties may also provide services that Skylight utilizes in providing the Products
and/or Services and the Sites to You. These third parties may, for example, ensure that
any photos sent to you by Related Parties are not suspicious or pornographic. These third
party services are provided "as is" without any representations or warranties by
Skylight.
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You have the ability to receive content from third parties for inclusion in the Products
and/or Services, such as your friends and family, either by providing a Skylight account
email to such third party, or by connecting one or more of your accounts with a Product
or Service. Such third parties are your "Related Parties."
- Subscriptions
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Subscription Fee. If You purchase a subscription Service, for
example the Skylight Plus membership (a "Subscription"), You will be charged a
subscription fee, plus any applicable taxes and other charges ("Subscription Fee"), at
the beginning of your subscription, and at the start of each billing period thereafter
(e.g., monthly, quarterly or annually, whichever you have selected), at the then-current
Subscription Fee amount. Skylight (or its third-party payment processor) will
automatically charge You using the Payment Information You have provided until You cancel
your Subscription. We reserve the right to change our Subscription Fee pricing. At our
sole discretion, we may offer a free trial to a subscription Service, which terms and
length of free trial shall be provided at the time of the offering; provided, that
notwithstanding a zero-fee, a payment method may be required to receive such free trial.
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Cancellation. You may cancel your Subscription at any time,
contacting our support team at help@myskylight.com and selecting or including the words
"Cancel Subscription." You will be responsible for all Subscription Fees (plus any
applicable taxes and other charges) incurred until Skylight receives written notice of
your cancelation as set forth above. You may also cancel or delete your account with
Skylight, which will also delete your data. You can export your data prior to
cancellation in order to avoid the loss of your data.
- Feedback; Beta Features; Statistics
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You may, during the Term, provide Skylight with feedback, whether oral and/or written
related to your use of the Products and/or Services, or the Site(s), or any other
Skylight product or service, including, but not limited to, a report of any errors which
You may discover. User Content is expressly excluded from Feedback. Such reports, and any
other materials, information, ideas, concepts, feedback and know-how provided by You to
Skylight concerning the Products and/or Services, Site or any other Skylight product or
service and any information reported automatically through the Products and/or Services to
Skylight ("Feedback") will be the property of Skylight. You agree to assign, and do
hereby assign, all rights, title and interest worldwide in the Feedback, and the related
intellectual property rights, to Skylight and agree to assist Skylight, at Skylight'
expense, in perfecting and enforcing such rights.
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We may provide to You access to certain features, functions, products or services that
are not yet generally available, including, but not limited to, any products, services,
features or features labeled "beta", "preview", "pre-release", or "experimental", and
any related content ("Beta Features"). Beta Features may come with additional terms and
conditions and if you utilize such Beta Features, you agree to be bound by such terms and
conditions. Beta Features are provided "AS IS" without any representations, warranties or
indemnities. We may cease providing Beta Features to You at any time. We may solicit
specific feedback from you regarding your use and evaluation of Beta Features.
Notwithstanding anything to the contrary in these Terms, after suspension or termination
of your access to or use of any Beta Feature for any reason, (a) You will not have any
further right to access or use the applicable Beta Feature, and (b) your data or Your
Content used in the applicable Beta Service may be deleted or become inaccessible.
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Notwithstanding anything contained herein to the contrary, Skylight may use Statistics
for the modification, enhancement, and improvement of the Products and/or Services, and
may use Statistics for the marketing or promotion of Skylight, the Products and/or
Services or any future product or service offering, provided any such use of Statistics
cannot reasonably be identified as your aggregate information alone. The term Statistics
means any anonymous data, and expressly excluding personally identifiable data, that
Skylight derives through its Site and performance of the Products and/or Services.
- Third Party Sites, Products and Services
The Service may provide you with access to third-party products and services, including but
not limited to software, platforms, and services, that are not owned or controlled by
Skylight, the Site and/or the Products may contain hyperlinks to web sites (together, the
"Third-Party Sites, Products and Services"). You acknowledge and agree that Skylight is not
responsible for and does not endorse or accept any responsibility over Third-Party Sites,
Products and Services, including, without limitation, the accuracy or reliability of any
information, suitability, availability, data, opinions, advice or statements. You further
understand that such Third-Party Sites, Products and Services are governed by separate terms
of use, privacy policies and similar agreements and You agree to be bound by the terms and
conditions of such agreements. Additionally, you may be able to direct Skylight via one or
more import tools in a Product to ingest limited content from a Third-Party Site and if you
so direct, Skylight's technology will access such content on your behalf. Inclusion of any
Third-Party Site content into your Product at your direction shall be solely for your
personal use. You represent that (i) you are granting Skylight limited agency to ingest
such content, and (ii) you have read such Third-Party Site's terms and your direction does
not violate or actions do not violate such terms. Your dealings with other entities promoted
on or through the Products and/or Services, including payment and delivery of related goods
or Products and/or Services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between You and such other entity. You agree that
Skylight will not be responsible or liable for any loss or damage of any sort incurred as
the result of any such dealings or as the result of the promotion of such other entities
through the Products and/or Services.
- Unauthorized Activities
Certain use of the Products and/or Services or Third Party Content, or use in violation of
these, or related, Terms may violate certain laws and regulations. You agree to defend,
indemnify and hold Skylight and its officers, directors, employees, affiliates, agents,
licensors, and business partners harmless from and against any and all costs, damages,
liabilities, and expenses (including attorneys' fees and costs of defense) that Skylight or
any other indemnified party suffers in relation to, arising from, or for the purpose of
avoiding, any claim or demand from a third party based on Your Content and/or your use of
the Products and/or Services or Third Party Content or the use by any person, using your
user name and/or password, that violates any applicable law or regulation, or the
copyrights, trademark rights or other rights of any third party. Skylight may report to law
enforcement authorities any actions that may be illegal, and any reports it receives of
such conduct. When legally required or at Skylight' discretion, Skylight will cooperate
with law enforcement agencies in any investigation of alleged illegal activity on this
Site, the Products and/or Services or on the Internet.
- Proprietary Rights
Neither this Agreement nor any provision herein transfers ownership or any license not
expressly granted herein, from Skylight to You of any Skylight intellectual property right
of any kind whatsoever including, but not limited to, any Products and/or Services or the
Site, and all right, title and interest in and to the foregoing and Skylight' legally
protectable methods, processes, systems, operations, network or customer support methodology
or technology, or any other technology of any kind whatsoever and all intellectual property
rights therein will remain solely with Skylight.
- Termination
Though we'd much rather You stay, You can stop using our Products and/or Services anytime
as further described in Section 11.2. Additionally, We reserve the right to suspend or end
the Products and/or Services at any time, with or without cause, and with or without notice.
For example, we may suspend or terminate your use if You are not complying with these Terms,
or use the Products and/or Services in any way that would cause us legal liability or
disrupt others' use of the Products and/or Services. If we suspend or terminate your use,
we will try to let You know in advance and help You retrieve data, though there may be some
cases (for example, repeatedly or flagrantly violating these Terms, a court order, or
danger to other users) where we may suspend immediately.
- Warranties
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Skylight Hardware Limited Warranty. Skylight may offer a
warranty(ies) for its physical Product(s) and/or included software, which, if provided,
are included in the packaging of such physical Product(s). Such warranties are for the
benefit of the original purchaser only.
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Refund and Replacements Policy as Limited Remedy. As your sole and
exclusive remedy to a breach of any warranty express or implied, in the event that You
are not fully satisfied with the Product or you are having technical difficulties with
the Product, we offer the option for a replacement or full refund within 120 days of
purchase. If You prefer a refund, we may request that the Product be returned to us
within 30 days of such request. Our customer service team will provide a pre-paid
shipping label so you do not incur additional costs. After 120 days of purchase, we will
consider replacements and refunds on a case-by-case basis.
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Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE
PRODUCTS THAT CANNOT BE DISCLAIMED ARE LIMITED TO THE DURATION OF THE APPLICABLE EXPRESS
WARRANTY. ALL OTHER EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES,
INCLUDING (BUT NOT LIMITED TO) ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, ARE DISCLAIMED
TO THE MAXIMUM EXTENT PERMITTED BY LAW. Some jurisdictions do not allow limitations on
how long an implied warranty lasts, so the above limitation may not apply to You. This
warranty gives You specific legal rights, and You may also have other rights which vary
by jurisdiction and which are not varied by this clause to the extent that doing so would
breach such applicable law.
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Disclaimer of Warranty for Services. Skylight will use
commercially reasonable efforts to correct any discovered defects in the Services.
However, to the maximum extent permitted by applicable law, Your access to and use of
the Services is at your own risk. We are not responsible for the content provided by, or
the conduct of, any user and You bear the entire risk of using the Services and any
interactions with other users. Our Services are provided on an "AS IS" and "AS AVAILABLE"
basis and, to the maximum extent permitted by applicable law, we do not represent,
warrant, or guarantee that the Services will be provided uninterrupted, error-free,
virus-free, or that defects will be corrected. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES REGARDING THE SERVICES, WHETHER EXPRESS,
IMPLIED, OR STATUTORY, INCLUDING THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR
ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT. If applicable law requires any warranties
with respect to our Services, all such warranties are limited in duration to the longer
of thirty (30) days from the date of your first use or the minimum duration allowed by
law.
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Disclaimer of Third Party Content and Related Party content.
Disclaimer of Third Party Content and Related Party content. Skylight expressly disclaims
all warranties relating to any Third Party Content and any content provided by any
Related Party, which is provided, "as is". You accept all risk with respect to such
content.
- Limitation of Liability
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Exclusion of Consequential Damages and Limit of Liability. EXCEPT
TO THE EXTENT REQUIRED BY APPLICABLE LAW, SKYLIGHT WILL NOT BE RESPONSIBLE FOR ANY LOST
PROFITS, REVENUES, OR DATA, COST OF SUBSTITUTE GOODS OR PRODUCTS AND/OR SERVICES, OR
ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, HOWEVER CAUSED
AND REGARDLESS OF THE THEORY OF LIABILITY, RELATED TO OR ARISING OUT OF THESE TERMS OR
YOUR USE OF THE PRODUCTS, OR PRODUCTS AND/OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR
ANY CLAIM RELATED TO OR ARISING OUT OF THESE TERMS OR YOUR USE OF THE PRODUCTS OR
PRODUCTS AND/OR SERVICES, IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO
SKYLIGHT FOR THE PRODUCT GIVING RISE TO THE CLAIM, (B) THE AMOUNT YOU HAVE PAID TO
SKYLIGHT FOR YOUR SKYLIGHT PLUS MEMBERSHIP GIVING RISE TO THE CLAIM IN THE IMMEDIATE
TWELVE (12) MONTHS PRECEDING THE DATE THE CLAIM AROSE, OR (C) ONE HUNDRED FIFTY-NINE
U.S. DOLLARS (US$159).
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Allocation of Risk. THE PROVISIONS OF THIS AGREEMENT ALLOCATE THE
RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES AND ARE AN INTRINSIC PART OF THE BARGAIN
BETWEEN THE PARTIES. THE FEES PROVIDED FOR IN THIS AGREEMENT REFLECT THIS ALLOCATION OF
RISKS AND THE LIMITATION OF LIABILITY AND SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A
FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT
PERMITTED BY LAW.
- Goods Not for Resale or Export.
You represent and warrant that you are buying Products and/or Services for your own
personal or household use only, and not for resale or export.
- Dispute Resolution and Binding Arbitration Provision.
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YOU AND SKYLIGHT ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR
BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT
TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE
UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE, OR CONTROVERSY
(WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND
INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND
EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR
PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND
FINALLY BY BINDING ARBITRATION.
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The arbitration will be administered by the American Arbitration Association ("AAA") in
accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except
as modified by this Section 20. (The AAA Rules are available at www.adr.org/arb_med or
by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the
interpretation and enforcement of this section.
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The arbitrator will have exclusive authority to resolve any dispute relating to
arbitrability and/or enforceability of this arbitration provision, including any
unconscionability challenge or any other challenge that the arbitration provision or the
agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to
grant whatever relief would be available in court under law or in equity. Any award of
the arbitrator(s) will be final and binding on each of the parties and may be entered as
a judgment in any court of competent jurisdiction.
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If you prevail on any claim that affords the prevailing party attorneys' fees, the
arbitrator may award reasonable fees to you under the standards for fee shifting provided
by law.
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You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR
SKYLIGHT WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN
COURT OR ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE,
CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not
consolidate more than one person's claims and may not otherwise preside over any form of
a representative or class proceeding. The arbitral tribunal has no power to consider the
enforceability of this class arbitration waiver and any challenge to the class
arbitration waiver may only be raised in a court of competent jurisdiction.
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If any provision of this arbitration agreement is found unenforceable, the unenforceable
provision will be severed, and the remaining arbitration terms will be enforced.
Skylight Customer Service Center Address Glimpse LLC (dba Skylight)
ATTN: LEGAL/ARBITRATION
101A Clay St #144
San Francisco, California 94111
help@myskylight.com
- Force Majeure
Neither party will be liable to the other for any breach of this Agreement which arises
because of any circumstances which the defaulting party cannot reasonably be expected to
control (which shall include but not be limited to, any act of god, fire, casualty, flood,
war, labor disputes, governmental action, failure of public services, interruption or
failure of the Internet or of any network, telecommunications, power supply or
infrastructure, or any provider of any of the foregoing but, for the avoidance of doubt,
shall not include shortage or lack of available funds, provided it promptly notifies the
other party of such circumstances. If performance has been interfered with, hindered,
delayed or prevented for a period in excess of ninety (90) days, the party whose
performance is not affected may terminate this Agreement immediately by written notice to
the other party.
- General
These Terms constitute the entire and exclusive agreement between You and Skylight with
respect to the Products and/or Services, and supersede and replace any other agreements,
terms and conditions applicable to the Products and/or Services. These Terms create no
third party beneficiary rights. Skylight's failure to enforce a provision is not a waiver
of its right to do so later. If a provision is found unenforceable the remaining provisions
of the Agreement will remain in full effect and an enforceable term will be substituted
reflecting our intent as closely as possible. You may not assign any of your rights in
these Terms, and any such attempt is void, but Skylight may assign its rights to any of its
affiliates or subsidiaries, or to any successor in interest of any business associated with
the Products and/or Services. Skylight and You are not legal partners or agents; instead,
our relationship is that of independent contractors. The Sites are operated from the US. All
matters arising out of or relating to these Terms are governed by and construed in
accordance with the internal laws of the State of California without giving effect to any
choice or conflict of law provision or rule (whether of the State of California or any
other jurisdiction) that would cause the application of the laws of any jurisdiction other
than those of the State of California.
- Electronic Communications
The information communicated on this Website constitutes an electronic communication. When
You communicate with Skylight through the Website or other forms of electronic media, such
as e-mail, or chat, You are communicating with Skylight electronically. You agree that
Skylight, on behalf of itself and others who may be involved with delivering the Products
and/or Services (as applicable), may communicate electronically by e-mail, chat and/or may
make communications available to You by posting them on the Website, and that such
communications, as well as notices, disclosures, agreements and other communications that we
provide to You electronically, are equivalent to communications in writing and shall have
the same force and effect as if they were in writing and signed by Skylight. You also
acknowledge that, unless you request to be connected with a human customer service agent,
the chat service utilizes artificial intelligence (AI). Unless you connect with a human
customer service agent, you acknowledge that the responses from AI may not be accurate and
you agree to verify such responses. Reliance on such output is at your own risk. For terms
governing SMS updates and reminders related to your Skylight account, please refer to our
SMS Terms of Service and
SMS Privacy Policy. Notices and
communications to Skylight must be sent to the applicable address given in these Terms or
to help@myskylight.com.
- Notice for California Users
Under California Civil Code Section 1789.3, California users of the Site are entitled to
the following specific consumer rights notice: The headquarters of Glimpse LLC, d/b/a/
Skylight is currently located at 101A Clay St #144, San Francisco, California 94111, USA,
phone (415) 233-6761. The charges for the Products and/or Services are specified on the
Site. If You have a complaint regarding the Products and/or Services or want to request a
paper copy of these Terms, please contact Skylight by writing to the address above, or by
e-mail at help@myskylight.com, or by calling (415) 233-6761. The Consumer Information
Center of the Department of Consumer Affairs may be contacted in writing at 1625 North
Market Blvd., Suite N-112, Sacramento, CA 95384, or by telephone at (916) 445-1254 or
(800) 952-5210.
- Skylight's Refer-a-Friend Program Terms & Conditions
As a Refer-a-Friend member (a "Referrer"), you are subject to Skylight's Terms of Use and
you understand that you and your referral's personal data will be handled in accordance
with Skylight's Privacy Statement, as well as the following additional Terms & Conditions
for Skylight's Refer-a-Friend program:
-
Qualified Referral. A Qualified Referral is defined as a purchase made at
myskylight.com by a person (a "Referred
Customer") who arrives to our website by clicking your Refer-a-Friend program link. You
are limited to one Qualified Referral for each Referred Customer; in other words,
additional/repeat purchases made by a Referred Customer are not counted as additional
Qualified Referrals.
-
Referred Customer. The Referred Customer and the Referrer cannot be the
same person (for example, by using a different email address).
-
Referral Rewards. For you to earn referral rewards as a Referrer, the
Referred Customer must complete an order greater than $25 in total value, minus all fees
including taxes, discounts, shipping, returns, chargebacks, fraudulent payments, and/or
other 3rd party fees.
-
Reward Payments. The maximum Qualified Referrals earned per calendar year
may be no more than 5 Qualified Referrals. As a Referrer, you are responsible for any
and all tax liability resulting from Referral Rewards.
-
Eligibility. Eligibility is limited to individuals who are 18 years of age
or older only. Skylight's Refer-a-Friend Program cannot be used by businesses for
affiliate lead generation as determined in Skylight's sole discretion.
-
No Spam. You must comply with all up-to-date "SPAM" laws. For example,
emails must be created and distributed in a personal manner to your own personal/family
contacts. Any distribution of your referral link that could constitute unsolicited
commercial email or "spam" under any applicable law or regulation is expressly prohibited
and will be grounds for immediate termination of your account and exclusion from
Skylight's Refer-a-Friend program.
-
Information Sharing. By participating in Skylight's Refer-a-Friend Program,
the Referrer and Referred Customer agree that Skylight may share their name, referral
channel, order status and date and other relevant information with the Referrer and/or
Referred Customer and as otherwise described in
Skylight's Privacy Statement.
-
Right to Close Accounts. Skylight reserves the right to close the
account(s) of any Referrer and/or Referred Customer and to request proper payment if the
Referrer and/or Referred Customer attempts to use the Skylight Refer-a-Friend program in
a questionable manner or breaches any of these Terms & Conditions or is in violation of
any law, statute or governmental regulation.
-
Right to Cancel Program or Change Terms. Skylight reserves the right to
cancel the Refer-a-Friend Program or to change these Terms & Conditions at any time in
its sole discretion. Any unclaimed referral rewards will be forfeited at that time.