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User Agreement

Last updated on August 26, 2021

1. GENERAL


1.1. This User Agreement (hereinafter, the “Agreement”) is an agreement between you (hereinafter the “User”), whether you are a User having an account with eyezon (Streamer or Personal Account Administrator) or an unregistered User (Consumer), and Eyezon Pte. Ltd.(Registration number 202019103C, registered address: 176 Joo Chiat Road, floor 02 office 02, Singapore 427447, email: info@witheyezon.com) or one of its Affiliates(hereinafter the “Company”) collectively referred to as the Parties, and individually as the Party. The Parties hereby warrant having 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 or widget (hereinafter collectively referred to as “eyezon” or “Services”) that makes it possible for the Streamer to demonstrate a good by means of a camera of their smartphone when conducting a stream via eyezon mobile application and provide the Consumer with a means to have a look at such good via eyezon widget enabling therefore the Streamer and the Consumer to communicate with each other remotely remaining in a “live” mode as if the Consumer came to a shop or a show-room.

1.3. This Agreement and the relationship between the Parties shall be governed by the laws of England.

1.4. The Company reserves the right to amend the terms of this Agreement at any time without notice to you. All changes hereto take effect from the moment when the updated version of this Agreement is published on the Company's website. By accepting the terms of this Agreement, you acknowledge and agree that your continued use of eyezon after an updated version hereof has been published on the Company’s website shall constitute your acceptance of all the changes made and the updated version of this Agreement shall therefore apply. If you do not agree with any of the terms and conditions in this Agreement you should cease using eyezon immediately.

2. Acceptance of terms of User Agreement

2.1. Before using eyezon, you shall read and accept the terms of this Agreement, Privacy Policy and Cookie Policy. Acceptance of the Agreement by ticking off the relevant check box in eyezon indicates the unconditional acceptance by the User of all its conditions without any exceptions or restrictions.

2.2. The Privacy Policy and Cookie Policy are auxiliary for the purposes of this Agreement. All subsequent changes provided for in the Privacy Policy and Cookie Policy published on the Company’s website shall enter into force on the date of publication.

2.4. Refusal to comply with 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, can always be found in the appropriate section of eyezon.

4. Terms and definitions

Affiliates” means legal entities related to Eyezon Pte. Ltd. and administering the Services in different regions which include Eyezon Tech Ltd. (for EU region), Report LLC (for Russia and CIS region)
Agreement” means this user agreement including all subsequent changes hereto.
“Client” means a legal entity or an individual using eyezon widget for its or their purposes including commercial ones.
Company”, “we”, “us” or “our” — means Eyezon Pte. Ltd. as specified in paragraph 1.1. of this Agreement and/or its Affiliate(s) (as appropriate).
Content” means any information, data, texts, messages and other materials uploaded in eyezon.
Consumer” means a person who uses the Service via eyezon widget in order to have a look at a good remotely remaining in a “live” mode as if they came to a shop or a show-room.
eyezon Mobile Application” means an application on a mobile device that enables a User (Streamer) to perform specific actions with the account using that mobile device.
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.
Personal Account” means eyezon interface within the Website that enables the User representing the Client (Personal Account Administrator) to access their data and work with them.
Personal Account Administrator” means a person who is registered on https://admin.witheyezon.com/ as a representative of a Client in order to have access to the data related to the performance of Streams by the Streamers.
Services” means a set of software and hardware and its updates determined by Eyezon Pte. Ltd. and provided to the User in eyezon mobile application, at https://eyezon.live and by means of eyezon widget.
Stream” means a live webcast being performed by a Streamer via eyezon Mobile Application at the request of a Consumer sent through eyezon widget.
Streamer” means a person who uses the Service via eyezon Mobile Application in order to demonstrate a good by means of a camera of their smartphone when conducting a Stream and communicate with a Consumer remaining in a “live” mode as if they came to a shop or a show-room.
User”, “you” or “your” means a Personal Account Administrator, a Streamer or a Consumer, either alone (as specified) or collectively (unless qualified) entered into this Agreement.
User account” means eyezon interface within eyezon Mobile Application that enables the User (Streamer) to accept, deny and perform Streams at the request of a Consumer.
Website” means https://eyezon.live

4. Registration procedure, use of the website / application or services

4.1. The Company provides the opportunity to use eyezon in accordance with the terms of this Agreement and additional documents.

4.2. The use of the Service by individual Clients shall be based on their acceptance of the Public offer published at https://eyezon.live.  

4.3. The use of the Service by legal entities shall be carried out under a full-fledged agreement between the Company or one of its Affiliates (as appropriate) and the corresponding legal entity.

4.4. We use cookies (as provided for in our Cookies Policy) and Google Play and AppStore identifiers to provide you with the capabilities described in this Agreement.

4.5. Access to the Services and paid features of eyezon shall be carried out through the Personal Account obtained during the registration of the Client after accepting the terms of the Public offer or full-fledged agreement (as appropriate), the terms hereof, the Privacy Policy and the Cookies Policy.

4.6. Terms of Use for Personal Account at the Website

4.6.1. Registration is free and voluntary. To register a Personal Account you (as a Personal Account Administrator afterwards) shall provide your email, mobile phone, name.

4.6.2. Provided that all information fields in the account assigned to the Client have been properly filled in, the Client represented by the Personal Account Administrator has the full right to use the Service.

4.6.3. When registering and creating an account, you will need to select a password. For subsequent automatic authorization in eyezon, you can enable the saving of your email address and password (using cookies) on the hardware and software complex that you use.

4.6.4. You (as a Personal Account Administrator) are solely responsible for the safety and confidentiality of your account information and password as well as for any actions related to your account.

4.6.5. You (as a Personal Account Administrator) agree to (a) promptly inform the Company of any unauthorized use of your login information (email address and/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.

4.6.6. 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 Client in connection with these circumstances.

4.7. Terms of Use for mobile devices

4.7.1. Registration is free and voluntary. To register a User Account you (as a Streamer afterwards) shall provide a Personal Account Administrator with your email and name.

4.7.2. Provided that all information fields in the account assigned to the User (Streamer) have been properly filled in, the User (Streamer) will receive an email with login information (email address and password) and will therefore have the full right to use the Service through the eyezon Mobile Application.

4.7.3. To access eyezon and its Services, you (as a Streamer) must have the appropriate equipment (for example, a smartphone or tablet) and a subscription to telecommunications services to access the Internet. The Services are accessed directly through eyezon Mobile Application.

4.7.4. iOS - Apple. These terms of use for mobile devices are not an agreement between you and Apple. Apple is not responsible for the eyezon Mobile Application and the content contained therein. The Company grants you (as a Streamer) the right to use the eyezon Mobile Application only on an iOS device that you own or use, and only in accordance with the terms of service in the App Store.

4.7.5. Android - Google. These terms of use for mobile devices are not an agreement between you and Google. Google is not responsible for the eyezon Mobile Application and the content provided therein. The Company grants you the right to use the eyezon Mobile Application only on an Android device that you own or use, and only in accordance with the terms of service on Google Play.

4.7.6. You (as a Streamer) are solely responsible for the safety and confidentiality of your account information and password as well as for any actions related to your User Account.

4.7.7. You (as a Streamer) agree to promptly inform the Personal Account Administrator of any unauthorized use of your login information (email address and/username or password), as well as any other breach of security. 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.

4.7.8. The Company recommends not to disclose or transfer to other people the login and password for your account. In any case, the Company is not responsible for any damage caused to the User (Streamer) or the Client in connection with these circumstances.

4.8. Only adults (persons with full capacity to act) can register and become registered Users. Minors can register and become registered Users provided that it complies with the applicable legislation of the country where the Client operates. You can become an unregistered User (Consumer) regardless of your age.

4.9. If your information changes at any time, we ask you to update this data in your User Account and/or Personal Account as soon as possible. The nonobservance of the rule set forth in this clause may cause problems with the use of eyezon, which includes the availability of the paid functionality of Eyezon which the Company will not be liable for.

4.10. Paid functionality of eyezon

4.10.1. To access eyezon, an individual Client shall pay the subscription fee as provided for in the Public Offer. In case a Client is a legal entity, the conditions for providing access to the Service shall be determined in the full-fledged agreement in each specific case.

4.10.2. Prices for paid functionality of eyezon available for Clients are  indicated in the corresponding section of the Personal Account.  

4.10.3. The User (Personal Account Administrator) guarantees being authorized by the Client to use the funds to pay for the paid functionality of eyezon, without violating the applicable legislation. The Company shall be in no case responsible for any damage caused to third parties as a result of the use by the User (Personal Account Administrator) of monetary funds which that User (Personal Account Administrator) is entitled to manage.

4.10.4. The Client shall independently and at its own expense bear all costs associated with the transfer of funds to the Company, including fees, commissions and other types of payments.

4.10.5. The Company shall be in no case obliged to refund the Client's funds if the User's (Personal Account Administrator or Streamer) actions contravening 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 (Personal Account Administrator or Streamer).

5. Rights and obligations of the User

5.1. The User shall:
•     comply with the provisions of this Agreement;
•     not interfere with the normal operation of the eyezon;
•     provide accurate and complete personal information (to the extend required for the eyezon operation);
•     update their data in a timely manner in order to keep it true, accurate, valid and complete;
•     follow the payment instructions related to the procedure of making payment;
•     inform the Company about unauthorized access to eyezon or its Services using the User's account and / or unauthorized use of a login information (email or password);
•     not provide access to the account or any information contained in it to other Users;
•     ensure the security of the login information (email and password);
•     be fully responsible for any actions with the User's account, as well as for the consequences that could have been caused or have been caused by such actions;
•     be responsible for any information uploaded in eyezon while using Services;
•     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 publish by any other means Content that is illegal or violates the 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 information (email and password) or via eyezon widget (as appropriate);
•     make changes and edits to the information uploaded in Personal Account or User Account (as appropriate), keeping the accuracy of such information;
•     delete data from the Personal Account or the User Account (as appropriate);
•     request information from the Company regarding the processing of their data;
•     send requests, suggestions and claims on the implementation of this Agreement to the Company, including those 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 Company's pages in social networks, if this information does not harm the Clients and / or Users;
•     send informational messages to Users (Consumers) by means of email or SMS (as requested);
•     block the User's account without prior notice to the User in case of temporary suspension of access (for more than one (1) year) to the Personal or the User Account (as appropriate) or termination of the use of Services by the Client  with its subsequent deletion;
•    block the User's account without prior notice to the User in case of violation of the terms of the Agreement, the rights of third parties or creation of a threat to the operation of the Services by the User with its subsequent deletion;
•    use logos, trademarks and trade names of the Clients on the Website as well as in promotional and / or advertising materials;
•    use Streams (in full or its snippets) and / or screenshots therefrom for promotional and / or advertising and / or analytic purposes;
•    disclose statistics of use to third parties to the extend that such disclosure does not violate the rights of the Clients.

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 planned including any reason beyond the Company's control that distorts or affects performance, safety, integrity or proper functioning of the eyezon.  

7. Intellectual property rights

7.1. The Сompany owns the exclusive right to eyezon. Unless otherwise indicated, all content, information, and other materials on the eyezon Services (excluding User Content, set out in Section 8 below), including, without limitation, Eyezon’s trademarks and logos, domain name, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), algorithms, scripts, all applications, updates, extensions and restored versions of eyezon, services, text, pictures, information, trade secrets, data, sound files, other files, and the selection and arrangement thereof (collectively, the “Materials”) are protected by relevant intellectual property and proprietary rights and laws. All Materials are the property of the Company and/or its Affiliates and/or third parties.

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 and 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.

7.5. The Company reserves all rights not expressly granted in these User Agreement. 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 eyezon software;
•     create programs based on the eyezon software;
•     infiltrate software in order to obtain eyezon program codes;
•     sell, assign, transfer to third parties in any other form of rights in relation to the software related to the services provided in accordance with this Agreement, unless otherwise provided for in the agreement with the Client, which is a legal entity;
•     modify the Services, including gaining of unauthorized access to them.

8. User Content

8.1. The Services allow you to store or share Your Content (User Content) or receive material from other Users. We don’t claim ownership of any User Content. Your Content remains Your Content and you are responsible for it.

8.2. When you share Your Content with other Users, you understand that they may be able to use, save, record, reproduce, broadcast, transmit, share and display Your Content without compensating you. If you do not want others to have that ability, do not use the Services to share Your Content. You represent and warrant that for the duration of these Terms, you have (and will have) all the rights necessary for Your Content that is uploaded, stored, or shared on or through the Services and that the collection, use, and retention of Your Content will not violate any law or rights of others. eyezon cannot be held responsible for Your Content or the material others upload, store or share using the Services. Should Your Content contain the name, identity, likeness, and voice (or other biographical information) of third parties, you represent and warrant that you have obtained the appropriate consents and/or licenses for your use of such features and that the Company and its sub-licensees are allowed to use them to the extent indicated in these User Agreement.

8.3. To the extent necessary to provide the Services to you and others, to protect you and the Services, and to improve eyezon Services, you grant to the Company a worldwide and royalty-free license to use Your Content, for example, to make copies of, retain, transmit, reformat, display, and distribute via communication tools on the Services. Your Content may appear in demonstrations or materials that promote the Service. Some of the Services are supported by advertising.

8.4. The Company uses reasonable security measures in order to protect User Content against unauthorized copying and distribution. However, the Company does not guarantee that any unauthorized copying, use, or distribution of User Content by third parties will not take place. To the furthest extent permitted by applicable law, you hereby agree that the Company shall not be liable for any unauthorized copying, use, or distribution of User Content by third parties and release and forever waive any claims you may have against the Company for any such unauthorized copying or usage of the User Content, under any theory unless such actions are due to the Company’s fault.

9. Violations

9.1. If there is any suspicion or the potential violations by the User, leading to a violation of the User Agreement, Privacy Policy and Cookie Policy, third-party rights or applicable law, any actions or any other misconduct or potential abuse on or through the Services or attempts the Company reserves the right to conduct an investigation into this fact. When establishing the fact of a violation and in determining which measures will be used in relation to the User, the legitimate interests of the User will be taken into account.

9.2. We reserve the right to report any actions that we consider illegal or in one way or another violate the User Agreement 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.

9.3. 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 the User information, but also to take any other actions it deems necessary and/ or to require You to provide information on any such violation.

10. Guarantees

10.1. The Company hereby warrants that:
•     this Agreement does not conflict with and will not conflict with any other agreements or terms of use to which it is a party;
•     it has the necessary authority to issue this Agreement.

10.2. The User hereby guarantees that:
•     by accepting this Agreement, the User does not violate the terms of any other agreement or terms of use which the User has acceded to;
•     the User 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.

10.3. 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.

11. Absence of warranties, limitation of liability

11.1. 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.

11.2. 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 the User Account or the Personal Account.

11.3. 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.

11.4. 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.

11.5. 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, its Services, 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.
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