We recommend that you print a copy
of these Legal Terms for your records.
We reserve the right to refuse any order placed through
the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household,
or per order. These restrictions may include orders placed by or under the same customer account, the same
payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or
prohibit orders that, in our sole judgement,
appear to be placed by dealers, resellers, or distributors.
6. SUBSCRIPTIONS
Billing and Renewal
Your subscription will continue and automatically renew unless cancelled. You consent to our charging your
payment method on a recurring basis without requiring your prior approval for each recurring charge, until
such time as you cancel the applicable order. The length of your billing
cycle will depend on the type of subscription plan you choose when you
subscribed to the Services.
Cancellation
All
purchases are non-refundable.
You can cancel your subscription at any time by logging into your account.
Your cancellation will take effect at the end of the current paid term. If
you have any questions or are unsatisfied with our Services, please email us at
support@eye4me.com.
Fee Changes
We may, from time to
time, make changes to the subscription fee and will communicate any price changes to you in accordance with
applicable law.
7. SOFTWARE
We
may include software for use in connection with our Services. If such software is accompanied by an end user
licence agreement ('EULA'), the terms of the EULA will govern your
use of the software. If such software is not accompanied by a EULA, then we grant to you a non-exclusive,
revocable, personal, and non-transferable licence
to use such software solely in connection with our services and in accordance with these Legal Terms.
Any software and any related documentation is provided 'AS IS' without warranty of any kind, either express or implied, including, without
limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
You accept any and all risk arising out of use or performance of any software. You may not reproduce or
redistribute any software except in accordance with the EULA or these Legal Terms.
You may not access or use the
Services for any purpose other than that for which we make the Services available. The Services may not be
used in connection with any commercial endeavours
except those that are specifically endorsed or approved by us.
As a user of the Services,
you agree not to:
- Systematically
retrieve data or other content from the Services to create or compile, directly or indirectly, a
collection, compilation, database, or directory without written permission from us.
- Trick,
defraud, or mislead us and other users, especially in any attempt to learn sensitive account
information such as user passwords.
- Circumvent,
disable, or otherwise interfere with security-related features of the Services, including
features that prevent or restrict the use or copying of any Content or enforce limitations on
the use of the Services and/or the Content contained
therein.
- Disparage,
tarnish, or otherwise harm, in our opinion, us and/or the
Services.
- Use
any information obtained from the Services in order to harass, abuse, or harm another
person.
- Make
improper use of our support services or submit false reports of abuse or
misconduct.
- Use
the Services in a manner inconsistent with any applicable laws or
regulations.
- Engage
in unauthorised framing of or
linking to the Services.
- Upload
or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material,
including excessive use of capital letters and spamming (continuous posting of repetitive
text), that interferes with any party’s uninterrupted use and enjoyment of the Services or
modifies, impairs, disrupts, alters, or interferes with the use, features, functions,
operation, or maintenance of the Services.
- Engage
in any automated use of the system, such as using scripts to send comments or messages, or
using any data mining, robots, or similar data gathering and extraction
tools.
- Delete
the copyright or other proprietary rights notice from any
Content.
- Attempt
to impersonate another user or person or use the username of another
user.
- Upload
or transmit (or attempt to upload or to transmit) any material that acts as a passive or
active information collection or transmission mechanism, including without limitation, clear
graphics interchange formats ('gifs'), 1×1 pixels, web bugs, cookies, or other similar devices
(sometimes referred to as 'spyware' or 'passive collection
mechanisms' or 'pcms').
- Interfere
with, disrupt, or create an undue burden on the Services or the networks or services connected
to the Services.
- Harass,
annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion
of the Services to you.
- Attempt
to bypass any measures of the Services designed to prevent or restrict access to the Services,
or any portion of the Services.
- Copy
or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or
other code.
- Except
as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of
the software comprising or in any way making up a part of the
Services.
- Except
as may be the result of standard search engine or Internet browser usage, use, launch,
develop, or distribute any automated system, including without limitation, any spider, robot,
cheat utility, scraper, or offline reader that accesses the Services, or use or launch any
unauthorised script or other
software.
- Use
a buying agent or purchasing agent to make purchases on the
Services.
- Make
any unauthorised use of the
Services, including collecting usernames and/or email addresses of users by electronic or
other means for the purpose of sending unsolicited email, or creating user accounts by
automated means or under false pretences.
- Use
the Services as part of any effort to compete with us or otherwise use the Services and/or the
Content for any revenue-generating endeavour or commercial enterprise.
-
Use the Services to advertise or offer to sell goods and services.
-
Sell or otherwise transfer your profile.
-
Use the Services to surveil individuals where consent or notice is required, or
in locations where there is a reasonable expectation of privacy (e.g., bathrooms, changing rooms,
private dwellings).
-
Process biometric identifiers without all legally required notices and consents.
-
Use the Services to infer or discriminate based on protected characteristics
(e.g., race, religion, health, disability, sexual orientation) or in ways that violate applicable
civil rights laws.
-
Use the Services as the sole basis for safety-critical decisions or emergency
response; the Services are not a substitute for human supervision.
-
Attempt to access, extract, or reconstruct source models, training data, or any
underlying datasets; do not probe, scan, or test the system for vulnerabilities.
-
Bypass security, rate limits, usage caps, or access restrictions.
-
Share credentials or use others’ accounts.
-
Record, upload, or store video/audio without all required permissions and
consents.
-
Upload content that you are not legally permitted to process or share.
-
Violate intellectual property, publicity, or privacy rights of others.
-
Upload content that contains personal data of others without authorization.
-
Use automated means to create accounts.
-
Reverse engineer, decompile, or disassemble the Services.
-
Publicly benchmark or disclose performance metrics except as permitted.
-
Use the Services in violation of export control, embargo, or sanctions laws.
-
Use the Services to send unsolicited messages, junk mail, or mass
communications.
-
Use the Services for law enforcement or mass surveillance.
9. USER GENERATED CONTRIBUTIONS
The Services does
not offer users to submit or post content. We may provide
you with the opportunity to create, submit, post, display, transmit, perform, publish,
distribute, or broadcast content and materials to us or on the Services, including but not
limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or
personal information or other material (collectively,
'Contributions'). Contributions may be viewable by other users
of the Services and through third-party websites. As
such, any Contributions you transmit may be treated in accordance with the Services' Privacy
Policy. When you create or make available any
Contributions, you thereby represent and warrant that:
- The creation, distribution, transmission,
public display, or performance, and the accessing, downloading, or copying of your Contributions do
not and will not infringe the proprietary rights, including but not limited to the copyright,
patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of or have
the necessary licences, rights,
consents, releases, and permissions to use and to authorise us, the Services, and other users of the Services to use your
Contributions in any manner contemplated by the Services and these Legal Terms.
- You have the written consent, release,
and/or permission of each and every identifiable individual person in your Contributions to use the
name or likeness of each and every such identifiable individual person to enable inclusion and use
of your Contributions in any manner contemplated by the Services and these Legal
Terms.
- Your Contributions are not false,
inaccurate, or misleading.
- Your Contributions are not unsolicited or
unauthorised advertising,
promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of
solicitation.
- Your Contributions are not obscene, lewd,
lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by
us).
- Your Contributions do not ridicule, mock,
disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass
or threaten (in the legal sense of those terms) any other person and to promote violence against a
specific person or class of people.
- Your Contributions do not violate any
applicable law, regulation, or rule.
- Your Contributions do not violate the
privacy or publicity rights of any third party.
- Your Contributions do not violate any
applicable law concerning child pornography, or otherwise intended to protect the health or
well-being of minors.
- Your Contributions do not include any
offensive comments that are connected to race, national origin, gender, sexual preference, or
physical handicap.
- Your Contributions do not otherwise
violate, or link to material that violates, any provision of these Legal Terms, or any applicable
law or regulation.
Any use of the Services in
violation of the foregoing violates these Legal Terms and may result in, among other things,
termination or suspension of your rights to use the Services.
You and Services agree that we may
access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions or other
feedback regarding the Services, you agree that we can use and share such feedback for any purpose without
compensation to you.
We do not assert any ownership over
your Contributions. You retain full ownership of all of your Contributions and any intellectual property
rights or other proprietary rights associated with your Contributions. We are not liable for any statements or
representations in your Contributions provided by you in any area on the Services. You are solely responsible
for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility
and to refrain from any legal action against us regarding your Contributions.
11. GUIDELINES FOR REVIEWS
We may provide you areas on the
Services to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1)
you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not
contain offensive profanity, or abusive, racist, offensive, or hateful language; (3) your reviews should not
contain discriminatory references based on religion, race, gender, national origin, age, marital status,
sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you
should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions
as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not
organise a campaign encouraging others to
post reviews, whether positive or negative.
We may accept, reject, or remove
reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews,
even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not
necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume
liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a
review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable,
and sublicensable right and licence to
reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content
relating to review.
12. SOCIAL MEDIA
As part of the functionality
of the Services, you may link your account with online accounts you have with third-party service
providers (each such account, a 'Third-Party Account') by either: (1) providing your Third-Party Account login information
through the Services; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms
and conditions that govern your use of each Third-Party
Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us
access to your Third-Party Account, without breach by you
of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees
or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access,
make available, and store (if applicable) any content that you have provided to and stored in your
Third-Party Account (the
'Social Network Content') so that it is available on and through
the Services via your account, including without limitation any friend lists and (2) we may submit to
and receive from your Third-Party Account additional
information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy
settings that you have set in such Third-Party Accounts,
personally identifiable information that you post to your Third-Party Accounts may be available on and through your
account on the Services. Please note that if a Third-Party
Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service
provider, then Social Network Content may no longer be available on and through the Services. You will
have the ability to disable the connection between your account on the Services and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR
RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS
GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to
review any Social Network Content for any purpose, including but not limited to, for accuracy,
legality, or non-infringement, and we are not responsible for any Social Network Content. You
acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your
mobile device or tablet computer solely for purposes of identifying and informing you of those
contacts who have also registered to use the Services. You can deactivate the connection between the
Services and your Third-Party Account by contacting us
using the contact information below or through your account settings (if applicable). We will attempt
to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture
that become associated with your account.
13. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may
be sent via the Site) links to other
websites ('Third-Party Websites') as well as
articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications,
software, and other content or items 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, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites
accessed through the Services or any Third-Party Content posted on,
available through, or installed from the Services, including the content, accuracy, offensiveness, opinions,
reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or
installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by
us. If you decide to leave the Services and access the Third-Party
Websites or to use or install any Third-Party Content, you do so at
your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable
terms and policies, including privacy and data gathering practices, of any website to which you navigate from
the Services or relating to any applications you use or install from the Services. Any purchases you make
through Third-Party Websites will be through other websites and
from other companies, and we take no responsibility whatsoever in relation to such purchases which are
exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the
products or services offered on Third-Party Websites and you shall
hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall
hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way
from any Third-Party Content or any contact with Third-Party Websites.
14. ADVERTISERS
We allow advertisers to display their
advertisements and other information in certain areas of the Services, such as sidebar advertisements or
banner advertisements. We simply provide the space to place such advertisements, and we have no other
relationship with advertisers.
15. SERVICES MANAGEMENT
We reserve the right, but not the
obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action
against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation,
reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse,
restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your
Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability,
to remove from the Services or otherwise disable all files and content that are excessive in size or are in any
way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights
and property and to facilitate the proper functioning of the Services.
16. PRIVACY POLICY
We care about data privacy and
security. Please review our Privacy Policy:
__________
. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated
into these Legal Terms. Please be advised the Services are hosted in
Hong Kong
, United States
, Singapore
and Hong Kong
. If you access the Services from any other region of the world
with laws or other requirements governing personal data collection, use, or disclosure that differ from
applicable laws in
Hong Kong
, United States
, Singapore
and Hong Kong
, then through your continued use of the Services, you are
transferring your data to
Hong Kong
, United States
, Singapore
and Hong Kong
, and you expressly consent to have your data transferred to and
processed in
Hong Kong
, United States
, Singapore
and Hong Kong
.
Further, we do not knowingly accept, request, or solicit information from children
or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy
Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal
information to us without the requisite and verifiable parental consent, we will delete that information
from the Services as quickly as is reasonably practical.
17. TERM AND TERMINATION
These Legal Terms shall remain in
full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS,
WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE
SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING
WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR
OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE
YOUR ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your
account for any reason, you are prohibited from registering and creating a new account under your name, a fake
or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In
addition to terminating or suspending your account, we reserve the right to take appropriate legal action,
including without limitation pursuing civil, criminal, and injunctive redress.
18. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change,
modify, or remove the contents of the Services at any time or for any reason at our sole discretion without
notice. However, we have no obligation to update any information on our Services.
We will not be liable to you or any third party for any modification, price change, suspension, or
discontinuance of the Services.
We cannot guarantee the Services will
be available at all times. We may experience hardware, software, or other problems or need to perform
maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to
change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason
without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience
caused by your inability to access or use the Services during any downtime or discontinuance of the Services.
Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to
supply any corrections, updates, or releases in connection therewith.
19. GOVERNING LAW
These Legal Terms shall be governed
by and defined following the laws of
Hong Kong
. Eye4Me Limited and yourself irrevocably consent that the courts of
Hong Kong
shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these
Legal Terms.
20. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim
related to these Legal Terms (each a 'Dispute' and collectively, the
'Disputes') brought by either you or us (individually, a 'Party' and collectively, the 'Parties'), the
Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below)
informally for at least thirty (30) days before initiating arbitration. Such
informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
Any dispute
arising out of or in connection with these Legal Terms, including any question regarding its existence,
validity, or termination, shall be referred to and finally resolved by the International Commercial Arbitration
Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of
this ICAC, which, as a result of referring to it, is considered as the part of this clause. The number of
arbitrators shall be one (1). The seat, or legal place, or arbitration shall be
Hong Kong,
Hong Kong
. The language of the proceedings shall be English. The governing law of these
Legal Terms shall be substantive law of
Hong Kong
.
Restrictions
The Parties agree
that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent
permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or
authority for any Dispute to be arbitrated on a class-action basis or to
utilise class action procedures; and (c) there is no right or authority for any
Dispute to be brought in a purported representative capacity on behalf of the general public or any other
persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above
provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect,
or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to,
or arising from, allegations of theft, piracy, invasion of privacy, or
unauthorised use; and (c) any claim for injunctive relief. If this provision is
found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that
portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of
competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the
personal jurisdiction of that court.
21. CORRECTIONS
There may be
information on the Services that contains typographical errors, inaccuracies, or omissions, including
descriptions, pricing, availability, and various other information. We reserve the right to correct any errors,
inaccuracies, or omissions and to change or update the information on the Services at any time, without prior
notice.
22. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE
BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY
LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE
SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL
ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS,
(2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE
SERVICES, (3) ANY UNAUTHORISED ACCESS TO OR
USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
(4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY
ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF
THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT,
ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY
THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR
OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION
BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR
SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST
JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
23. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE
OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE,
LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU
FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, 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
$100.00 USD
.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS
APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY
HAVE ADDITIONAL RIGHTS.
24. INDEMNIFICATION
You agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, 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) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in
these Legal Terms; (4) your violation of the rights of a third
party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with
whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense,
to assume the exclusive defence and control
of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with
our defence of such claims. We will use
reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this
indemnification upon becoming aware of it.
25. USER DATA
We will maintain
certain data that you transmit to the Services for the purpose of managing the
performance of the Services, as well as data relating to your use of the Services. Although we perform regular
routine backups
of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Services. You agree
that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such
loss or corruption of such data.
26. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing
online forms constitute electronic communications. You consent to receive electronic communications, and you
agree that all agreements, notices, disclosures, and other communications we provide to you electronically,
via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY
AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF
NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby
waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any
jurisdiction which require an original signature or delivery or retention of non-electronic records, or to
payments or the granting of credits by any means other than electronic means.
27. MISCELLANEOUS
These Legal Terms and any policies or operating rules
posted by us on the Services or in respect to the Services constitute the entire agreement and understanding
between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not
operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by
law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible
or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If
any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or
unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not
affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership,
employment or agency relationship created between you and us as a result of these Legal Terms or use of the
Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them.
You hereby waive any and all defences you may
have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to
execute these Legal Terms.
28. SENSITIVE PERSONAL INFORMATION
We strongly discourage users from uploading or sharing any
sensitive personal information, including but not limited to video or audio related to racial or ethnic
origin, political opinions, religion or other beliefs, health, biometric scans, criminal background, or
other private information, through our Services. Eye4Me’s AI-powered camera analysis is not designed for
processing sensitive personal data, and users are solely responsible for ensuring that any content uploaded
complies with applicable laws and does not infringe on the privacy or rights of others. To protect your
privacy and security, please avoid uploading content that could reveal sensitive information or be used in
ways that violate legal or ethical standards.
29. NO LIFE AND SAFETY OR CRITICAL USES
You acknowledge that our Services are not intended for
critical tasks such as security, medical emergencies, or third-party monitored emergency notification
systems. Eye4Me does not monitor emergency notifications and will not dispatch emergency authorities or take
any action in the event of an emergency. We make no warranty or representation that use of our Services will
enhance safety or security or meet critical requirements. The Services are not designed to be 100% reliable
or a substitute for professional security systems, medical devices, or emergency response services. We
cannot and do not guarantee that notifications will be delivered in a specific timeframe or at all. All
life-threatening, safety, medical, or emergency events should be directed to the appropriate emergency
response services.
30. CONTACT US
In order to resolve a complaint regarding the Services
or to receive further information regarding use of the Services, please contact us at:
support@eye4me.com
12. SOCIAL MEDIA