User Agreement1. GENERAL
1.1. This User Agreement (hereinafter, the“Agreement”) is an agreement between you (hereinafter the “User” and Eyezon Pte. Ltd.(Registration number 202019103C, registered address: 176 Joo Chiat Road, floor 02 office 02, Singapore 427447, email: firstname.lastname@example.org
(hereinafter the Company)) collectively referred to as theParties, and individually as the Party. Hereby the Parties warrant that the yeach have the right, authority and capacity to enter into and be bound by the terms of this Agreement.
1.2. This Agreement governs the use of eyezon.live
website and the Eyezon mobile application (hereinafter collectively referred to as “Eyezon” or “Services”) that offer the possibility to demonstrate a good by means of a camera of your smartphone via Eyezon application by conducting a stream and to communicate with a customer remotely remaining in a “live” form as if a customer came to a shop or show-room.
2.4. Refusal to comply this User Agreement may be considered as the reason for termination of this User Agreement.
2.5. This Agreement, along with other legal documents containing the terms of disclosure of information related to your use of Eyezon and its Services, can always be found in the appropriate section of Eyezon.4. Terms and definitions
«Agreement» means this agreement including all subsequent changes thereto.
«Company», «we», «us» or «our» — means Eyezon Pte. Ltd. as specified in paragraph 1.1. of this Agreement.
«Content» means any information, data, texts, messages and other materials posted in Eyezon.
«Login» means the name (ID) of the UserAccount in Eyezon.
«Password» means an element of the account, a secret set of symbols intended to confirm the User identity or authority, used to protect information from unauthorized access.
«Eyezon Mobile Application» means an application on a mobile device that enables a User to perform specific actions with the account using that mobile device.
«Services» means a set of software and hardware and its updates determined by Eyezon Pte. Ltd. and provided to theUser in Eyezon mobile application, at https://eyezon.live
and by means of Eyezon widget.
«User», «you» or «your» means a person whois registered on https://eyezon.live
or uses the Service, entered into thisAgreement and who has the Internet access.
"Website (site)" means the URL such as https://eyezon.live
«Personal Account» means Eyezon interface that enables the User to access their data and work with them. 4. Registration procedure, use of the website / application or services
4.1. The company provides the opportunity to use Eyezon on the terms of this Agreement and additional documents.
4.2. The use of the Service by individuals is based on their acceptance of the offer published at https://eyezon.live
. During the first 14 days, the Service is provided free of charge. After 14 days, the User shall pay an appropriate fee for using Eyezon in the amount and in the manner determined in the offer and on the website https://eyezon.live
4.3. The use of the Service by legal entities is carried out on the basis of the entering into a full-fledged agreement between the Parties.
4.6. Registration is free and voluntary. To register you shall provide your email, mobile phone, name, email address.
4.7. Provided that all information fields in the account assigned to the User have been properly filled in, the User has the full right to use the Service.
4.8. During registration and creating an account, you will need to select a Username and password. For subsequent automatic authorization in Eyezon, you can enable the saving of your login and password(using cookies) on the hardware and software complex that you use.
4.9. You are solely responsible for the safety and confidentiality of your account information and password as well as for any actions related to your account.
4.10. You agree to (a) promptly inform theCompany of any unauthorized use of your username or password, as well as any other breach of security, and (b) ensure a proper exit from Eyezon at the end of each session. The company is not obliged to accept and does not accept any responsibility for damage or loss of information that occurred due to your failure to comply with the terms of this clause.
4.11. The company recommends not to disclose or transfer to other people the login and password for your account, not to save them on other computers, phones or tablets. In any case, the Company is not responsible for any damage caused to the User in connection with these circumstances.
4.12.1. To access Eyezon and its Services, you must have the appropriate equipment (for example, a smartphone or tablet)and a subscription to telecommunications services to access the Internet. TheServices are accessed directly through Eyezon.
4.12.3. The Company grants you the right to use the Application only on an iOS device that you own or use, and only in accordance with the terms of service in the App Store.
4.12.5. The Company grants you the right to use the Application only on an Android device that you own or use, and only in accordance with the terms of service on Google Play.
4.13. Only adults can register and becomeUsers.
4.14. If your information changes at anytime, we ask you to update this data in your account and personal account as soon as possible. Otherwise, problems may arise with the use of Eyezon, as well as the paid functionality of Eyezon for which the Company will not be held liable.
4.15. Paid functionality of Eyezon
4.15.1. To gain access to Eyezon, the User, if he is an individual, must pay the subscription fee after the expiration of the free 14-day trial period. If the User is a legal entity, then the conditions for providing access to the Service are determined in the agreement in each specific case.
4.15.2. Prices for paid features of Eyezon for individuals are set in rubles and are indicated by the Company in the corresponding section of the Eyezon website.
4.15.3. The user guarantees that he has the right to use the funds to pay for the paid functionality of Eyezon, without violating the applicable legislation. The Company is not responsible for possible damage to third parties caused as a result of the use by the User of means of payment that do not belong to him.
4.15.4. The user, independently and at his own expense is obliged to bear all costs associated with the transfer of funds to the Company, including fees, commissions and other types of payments.4.15.5. The Company does not refund theUser's funds if the User's actions that violate this Agreement led to the termination of the provision of the paid functionality of Eyezon, as well as if the provision of the paid functionality became impossible due to the fault of the User.5. Rights and obligations of the User
5.1. The User shall:
• comply with the provisions of this Agreement
• do not interfere with the normal operation of the Eyezon
• provide accurate and complete information about yourself, keep this information up to date
• update your data in a timely manner in order to keep it true, accurate, valid and complete
• follow the payment instructions on concerning the order and methods of making payment
• inform the Company about unauthorized access to Eyezon or itsServices using the User's account and / or unauthorized use of a login or password
• not provide access to the account or any information contained in it to other Users
• ensure the security of the selected username and password
• be fully responsible for any actions with the User's account, as well as for the consequences that could have resulted or have resulted inьsuch actions
• be responsible for any information posted by you in your personal account
• not use Eyezon and its Services in order to violate applicable laws or regulations, not publish in Eyezon links to web resources that contradict the requirements of current legislation
• not use Eyezon or its Services to upload, send, transfer or any other means of publishing Content that is illegal or violates the legal rights of third parties
• not post promotional or advertising-related materials
• not hack the technical components of Eyezon and its Services(unauthorized entry), databases, or any of their other components
• not transmit any information or software that contains viruses or harmful components
5.2. The user is entitled to:
• get access to Eyezon using login and password
• make changes and edits to the information posted in personal account, keeping the accuracy of such information
• delete data from account and personal account, completely delete the account
• request information from the Company regarding the processing of their data
• send the Company requests, suggestions and claims on the implementation of this Agreement, including on all issues related to the operation of Eyezon, violation of the rights and interests of third parties regarding the use of Eyezon 6. Rights and obligations of the Company
6.1. The company shall maintain proper operation of Eyezon and protect the data you provide.
6.2. The company is entitled to:
• post advertising or any other information for public viewing on the user's account page, if this information does not harm Eyezon;
• send informational messages toUsers;
6.3. The company is responsible for advertising posted in Eyezon to the extent required by applicable law.
6.4. The Company reserves the right, at its sole discretion, to unilaterally terminate, change or temporarily suspend the operation of Eyezon if, for any reason, its functionality cannot be implemented as planne including any reason beyond the Company's control that distorts or affects performance, safety, integrity or proper functioning of the Eyezon.
6.5. If the User has violated the terms of this Agreement, the rights of third parties or creates a threat to the operation of the Services, the Company has the right to block the User's account with its further deletion and termination of this Agreement. 7. Intellectual property rights
7.1. The company owns the exclusive right to Eyezon, as well as trademark rights and any other proprietary rights, including all applications, updates, extensions and restored versions of Eyezon. You agree not to modify, adapt, translate, decompile, reverse-engineer, unpack or otherwise attempt to discover the source code of all or part of Eyezon, or remove, hide, or alter the Company's copyright notice. trademarks or any other indications of proprietary rights attached to, contained in, or available in or through Eyezon.
7.2. This Agreement does not provide for the granting of rights to use the name of the Company, trademark, domain name or other distinctive marks. The right to use the Company name, trademark, domain names and other distinctive signs can be granted only with the written consent of the Company.
7.3. The services provided by Eyezon, as well as all necessary programs associated with them, contain confidential information and are protected on the side of the Company by the legislation governing legal relations in the field of intellectual property.
7.4. You acknowledge that the domain name, configurations, design elements, visualization, software, codes, algorithms, scripts, developments, trade secrets, pictures, graphics, text, and all information displayed or displayed in Eyezon are subject to the exclusive right of the Company in accordance with laws on the protection of intellectual property rights, including domestic and international laws on copyright, on the protection of trademark rights, as well as on the preservation of trade secrets.
7.5. The Company grants you a personal, non-exclusive and non-transferable right to use Eyezon. The user is not entitled to:
• copy or modify the software;
• create programs based on this software;
• infiltrate software in order to obtain program codes;
• sell, assign, transfer to third parties in any other form of rights in relation to the software of the services provided in accordance with this Agreement, unless otherwise provided by the agreement with the User, which is a legal entity;
• modify the Services, including gaining of unauthorized access to them.
7.6. Except as provided in this Agreement and applicable law, any copying, reproduction, processing, distribution, publication, download, transfer, sale or any other use of part or all of the content of the Services is prohibited without the prior consent of the copyright owner or until the copyright owner has not given its explicit consent to free use of the content of the Service by any other person.8. Violations
8.2. We reserve the right to report any actions that we consider illegal or in one way or another violate the UserAgreement to the appropriate organizations. The company responds (provides information as required by law) to inquiries in criminal prosecutions (i.e.legal inquiries, court orders or similar legal procedures), from law enforcement or regulatory authorities, as well as other government officials or authorized third parties.
8.3. The company reserves the right not only to report that there was or exists a high probability of a security breach in Eyezon or in the system that could lead to unauthorized disclosure of customer information, but also to take any other actions it deems necessary and/ or to require You to provide information on any such violation.9. Guarantees
9.1. The Company hereby warrants that:
• it has the necessary authority to issue this Agreement.
9.2. The User hereby guarantees that:
• will provide all the necessary information for the fair provision of services by the Company and will not knowingly, through negligence or negligence distort data or make false statements.
9.3. If you have provided false, inaccurate, invalid or incomplete information, or if the Company has reasonable grounds to believe that this information is untrue, inaccurate, invalid or incomplete, it may suspend or cancel your registration and refuse to use Eyezon and it Services for the moment or forever.10. Absence of warranties, limitation of liability
10.1. You acknowledge and agree that Eyezon, its Services and paid functionality are provided "as is" and on an "available" basis, you use them at your own risk. The company is not responsible for the inconsistency of the services provided to your goals.
10.2. The Company is not responsible for the Content posted by the User in Eyezon, but has the right to refuse to publish or delete any Content available in Eyezon.
10.3. The Company provides technical capabilities for the use of its Services, it does not in any way control and is not responsible for the actions / inactions of any individual in relation to the use of Eyezon, or for changing or using the information contained in theUser's account.
10.4. The Company ensures the functionality and operability of Eyezon and its Services, maintains their operation and undertakes to promptly restore operability in case of technical problems or interruptions. The company also takes measures to eliminate as soon as possible any technical failures and errors in the provision of the Eyezon functionality.However, the Company does not guarantee the complete absence of technical errors and failures.
10.5. The Company believes that the information posted on Eyezon is true and obtained from sources believed to be reliable at the time of its posting. The company does not give any express or implied warranties regarding services or merchantability, suitability for specific purposes or questions of any other origin according to information available in Eyezon.
10.6. In addition, to the fullest extent permitted by law, the Company is not liable for: (a) any special, consequential or consequential damages; (b) loss of profits, loss of reputation, or any other intangible loss; (c) damages related to: (i) your access to Eyezon, itsServices, their use, inability to enter or use them; (ii) the presence of viruses or other malicious applications obtained as a result of access to Eyezon, its Services or any site, service, tool, the link to which was published in Eyezon; (iii) any user or third party content.