Terms of Service

BY ACCESSING OR USING AYEWATCH, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE OUR SERVICE.

1. Acceptance of Terms

By accessing, downloading, installing, or using the AyeWatch mobile applications (iOS and Android), website located at ayewatch.ai, or any related services (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, and all applicable laws and regulations. These Terms constitute a legally binding agreement between you and AyeWatch ("AyeWatch," "Company," "we," "us," or "our").

If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and "you" will refer to that organization.

2. Eligibility

You must be at least 13 years old to use the Service. By using the Service, you represent and warrant that you meet this age requirement. If you are under 18, you must have your parent or guardian's permission to use the Service.

You may not use the Service if you are a competitor of ours or if we have previously banned you from the Service or closed your account.

3. Account Registration and Security

Account Creation: You must create an account to access certain features. You agree to provide accurate, current, and complete information and to update such information to keep it accurate, current, and complete.

Account Security: You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account. We are not liable for any loss or damage arising from your failure to protect your account information.

Account Termination: We reserve the right to suspend or terminate your account at any time for any reason, including but not limited to violation of these Terms, without prior notice or liability.

4. AI Services and Disclaimers

AI-Generated Content: Our Service uses artificial intelligence, machine learning, and large language models (collectively, "AI Systems") to generate content and provide features. AI-generated content is provided for informational purposes only and should not be relied upon as professional advice.

CRITICAL DISCLAIMERS:

• AI outputs may be inaccurate, incomplete, biased, or misleading
• AI outputs are not a substitute for professional judgment or advice
• You must independently verify all AI-generated content
• We do not endorse or guarantee any AI-generated content
• AI systems are non-deterministic and may produce different results for identical inputs
• We are not responsible for any decisions or actions you take based on AI outputs

YOU ASSUME ALL RISKS ASSOCIATED WITH USING AI-GENERATED CONTENT. WE EXPRESSLY DISCLAIM ALL LIABILITY FOR ANY DAMAGES ARISING FROM YOUR USE OF OR RELIANCE ON AI OUTPUTS.

5. DISCLAIMER OF WARRANTIES

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• TITLE
• ACCURACY, RELIABILITY, OR COMPLETENESS OF THE SERVICE
• THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE
• THAT DEFECTS WILL BE CORRECTED
• THAT THE SERVICE IS FREE OF VIRUSES OR HARMFUL COMPONENTS

Some jurisdictions do not allow disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you.

6. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL AYEWATCH, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR:

(A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, or business
• Loss of use or data
• Loss of goodwill or reputation
• Business interruption
• Computer failure or malfunction
• Any other commercial damages or losses

(B) ANY AMOUNT IN EXCESS OF THE GREATER OF:

• The fees paid by you to us in the twelve (12) months preceding the claim; or
• One hundred dollars ($100.00 USD)

THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow limitation of liability for certain damages. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

7. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless AyeWatch, its affiliates, and their respective officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) arising from:

• Your use of and access to the Service
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property rights
• Your violation of any applicable law or regulation
• Any User Content you submit, post, or transmit through the Service
• Your negligence or willful misconduct
• Your use of AI-generated content
• Any unauthorized use of your account

We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

8. Intellectual Property Rights

Our Property: The Service and all its contents, features, and functionality are owned by AyeWatch and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

Limited License: We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your personal or internal business purposes in accordance with these Terms.

User Content License: By submitting User Content, you grant us a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform, and otherwise exploit your User Content for any purpose.

Feedback: Any feedback you provide becomes our property, and we may use it for any purpose without compensation to you.

9. Prohibited Uses

You agree not to:

• Violate any laws or regulations
• Infringe any third-party rights
• Transmit viruses or malicious code
• Interfere with or disrupt the Service
• Attempt to gain unauthorized access to any portion of the Service
• Use automated means to access the Service without our permission
• Reverse engineer, decompile, or disassemble the Service
• Remove or alter any proprietary notices
• Use the Service for any illegal or unauthorized purpose
• Harass, abuse, or harm other users
• Create multiple accounts to evade restrictions
• Sell or transfer your account

10. Payment Terms and Subscriptions

Auto-Renewal: ALL SUBSCRIPTIONS AUTOMATICALLY RENEW UNLESS YOU CANCEL. By purchasing a subscription, you authorize us to charge your payment method on a recurring basis. You may cancel at any time, but cancellation will only take effect at the end of the current billing period.

Price Changes: We may change subscription prices at any time. We will provide at least 30 days' notice before any price increase. Your continued use after the price change constitutes acceptance of the new price.

Refunds: ALL PAYMENTS ARE FINAL AND NON-REFUNDABLE, except as required by law or as explicitly stated in these Terms. We do not provide refunds for partial subscription periods.

Free Trials: If we offer a free trial, you may be required to provide payment information. Unless you cancel before the trial ends, you will be automatically charged the applicable subscription fee.

Billing Disputes: Any billing disputes must be reported within 60 days of the charge. Failure to report within this timeframe waives your right to dispute the charge.

11. Mobile App Terms

App Store Terms: Your use of our mobile app is also subject to the terms of the Apple App Store or Google Play Store from which you downloaded the app. In case of conflict, these Terms prevail.

Updates: We may update the app periodically. You agree to install updates to continue using the Service. We are not responsible for any loss of functionality if you fail to install updates.

Device Permissions: The app may request access to device features (camera, notifications, storage, etc.). You may deny permissions, but some features may not function properly.

Data Usage: Use of the mobile app may consume data. You are responsible for any data charges from your carrier.

12. Privacy and Data Protection

Your use of the Service is subject to our Privacy Policy, which is incorporated by reference into these Terms. By using the Service, you consent to our collection, use, and disclosure of your information as described in the Privacy Policy.

Data Security: While we implement reasonable security measures, we cannot guarantee absolute security. You acknowledge that you provide information at your own risk.

13. Third-Party Services

The Service may contain links to third-party websites or services. We are not responsible for the content, privacy policies, or practices of third-party services. Your use of third-party services is at your own risk.

We use third-party payment processors. By making a payment, you agree to the payment processor's terms and conditions. We are not responsible for payment processor errors or issues.

14. Termination

By You: You may terminate your account at any time through your account settings or by contacting us.

By Us: We may terminate or suspend your account immediately, without prior notice or liability, for any reason, including if you breach these Terms.

Effect of Termination: Upon termination, your right to use the Service will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive.

15. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the new Terms on the Service and updating the "Last Updated" date. Your continued use after changes constitutes acceptance of the modified Terms.

For significant changes, we may provide additional notice (such as email notification). It is your responsibility to review these Terms periodically.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in Delaware.

17. Force Majeure

We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

18. Export Compliance

You may not use or export the Service in violation of U.S. export laws and regulations or any other applicable laws. You represent that you are not on any U.S. government list of prohibited or restricted parties.

19. DISPUTE RESOLUTION AND ARBITRATION

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Mandatory Arbitration: Any dispute arising out of or relating to these Terms or the Service shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted in Delaware, USA.

Arbitration Costs: Each party shall bear its own costs and attorneys' fees. If the arbitrator finds that your claim was frivolous, you agree to reimburse us for our attorneys' fees and costs.

Small Claims Exception: Either party may bring claims in small claims court if the claims qualify.

Opt-Out: You may opt out of arbitration by sending written notice via our Contact Page within 30 days of first accepting these Terms.

20. CLASS ACTION WAIVER

YOU AND AYEWATCH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR COLLECTIVE ACTION OR PROCEEDING.

Unless both you and AyeWatch agree otherwise, the arbitrator may not consolidate or join more than one person's claims and may not otherwise preside over any form of a representative, class, or collective proceeding.

21. Severability and Waiver

If any provision of these Terms is held invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.

22. Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms without your consent to any successor in interest.

23. Electronic Communications

By using the Service, you consent to receive electronic communications from us. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.

24. Contact Information

General support: Contact Page

25. Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and AyeWatch regarding the Service and supersede all prior agreements and understandings.

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU ARE USING THE SERVICE ON BEHALF OF AN ORGANIZATION, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND THAT ORGANIZATION.