Terms

EyeJack Services Terms of Use

These Terms of Use (“Terms“) constitute a binding legal agreement between the licensees and (to  the extent stipulated herein, the end users) (collectively referred to in these Terms as “you”, “your”,  “yours”, and their derivatives), and EYEJACK PTY LTD ABN 80 615 617 135 (referred to in these  Terms as “Company“, “we”, “us”, “our”, “ours”, and their derivatives). These Terms govern your  right to download, obtain, access, and make use of the EyeJack Creator desktop app and/or  EyeJack mobile app, and any Company content, code, algorithms and other proprietary material  and software contained in or made available via the EyeJack Creator desktop app and/or EyeJack  mobile app (collectively, “EyeJack Services”), providing any content, including information, text,  images, audio, video, and other materials and data for the purposes of setting up an Account  (defined below) and/or Subscription Plan (defined below), or for use or display by or to you or other  parties, and/or accessing, using, or displaying any content or information provided by or via the  EyeJack Services, and your use of this website (“Website”).  

EyeJack Services. (“EyeJack Services,” “we” or “our”) offers different types of accounts, ranging  from free (“Free Account”) to paid accounts. Within the paid accounts (“Paid Accounts”), EyeJack  Services offers individual accounts (“Individual Accounts”), multi-user accounts for small teams  (“Team Accounts”), and multi-user accounts for organizations and companies (“Enterprise  Account”)(collectively, “Our Services”). 

We reserve the right to change these Terms from time to time with or without notice to you.  You acknowledge and agree that it is your responsibility to periodically review this Website  and these Terms. Your continued use of this Website and Services after such modifications  will constitute acknowledgement and acceptance of the modified Terms. 

As used in these Terms, references to our “Affiliates” include our owners, licensees, assigns,  subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors,  advertisers, and includes (without limitation) all parties involved in creating, producing, and/or  delivering this Website and/or contents and Services available on this Site. 

BY USING THIS WEBSITE AND ANY AND ALL OF THE EYEJACK SERVICES, YOU AGREE TO  BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THE THESE  TERMS, PLEASE EXIT THE WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH  THIS WEBSITE, PRODUCTS, SERVICES OR SERVICES AVAILABLE ON THIS WEBSITE, OR  THESE TERMS IS TO CEASE USING THE WEBSITE AND/OR THOSE PARTICULAR  PRODUCTS, OR SERVICES. THESE TERMS ARE EFFECTIVE ONCE YOU CLICK THE ‘I  AGREE’ BUTTON BELOW. 

By downloading and/or using the EyeJack Services and/or other Services, you agree to be bound  by these Terms. If you do not agree to these Terms, do not download or use the EyeJack Services  and/or other Services, do not create an Account and do not sign up to a Subscription Plan. If the  application or account has already been downloaded/created, you should permanently remove and  delete the mobile application from your mobile device, deactivate any account you might have  created and do not access or attempt to access the EyeJack Services and/or other Services.

General Terms Applicable to Use of EyeJack Services  

As used in these Terms, “EyeJack Services” refers to our proprietary products, software, and  service that allow users to transform compatible artworks into augmented reality pieces and view  and download other user’s content (where they elect to publish it), and include the EyeJack Creator  desktop app and EyeJack mobile app. 

The Services and its contents are intended solely for the personal, non-commercial use of Services  by users and may only be used in accordance with the terms of this Agreement. 

As per the above, you will be able to view selected augmented reality content of other users, where  they elect to publish it on the EyeJack Services. Any such content of other users made available for  viewing or download can only be used for private purposes and cannot be altered, used or  otherwise reproduced for commercial purposes (e.g. to sell or license), unless otherwise indicated  by the relevant copyright owner. 

By your access and use of the EyeJack Services, you affirm that you are either 18 years of age or  older, or an emancipated minor, or possess parental or guardian consent. You also affirm that you  are fully able and competent to enter into these terms, conditions, obligations, affirmations,  representations, and warranties set forth in these Terms, and to abide by and comply with these  Terms, or that your parent or guardian is and does on your behalf. 

For the sake of clarity, in certain instances these Terms may be entered into by a single licensee on  behalf of a group of end users, specifically in the case of educational institutions who procure the  use of the EyeJack Services on behalf of students, some or all of whom may be under the age of  18+. In these instances, unless expressly agreed otherwise by us, the licensee enters into these  Terms on behalf of the students in each case and is responsible for the conduct of the students  using the EyeJack Services. 

We reserve the right to modify or discontinue all or any portion of the software, applications,  functionalities, design, makeup, content, and delivery systems that are included as part of or  through the EyeJack Services, and/or to update or revise the EyeJack Services, at any time, in our  sole discretion and without prior notice to you. We reserve the right to temporarily or permanently  cease providing or supporting the EyeJack Services in their entirety or in part, or any of the content  contained therein, to you or to end users generally, or to place limits on access to the EyeJack  Services or any of its features or functionalities, with or without notice, at our discretion. 

EyeJack Services may only be used for lawful purposes and in accordance with these Terms. You  agree to comply with the applicable local, state, national and foreign laws, treaties and regulations  in connection with your use of the EyeJack Services. 

In addition and without limitation, you agree that you will not do any of the following in  downloading, using or accessing EyeJack Services:

  • attempt to gain access to or search any of our systems or functionalities, or attempt  to download content within the EyeJack Services, through the use of any search or  download engine, software, tool, agent, device or mechanism (including spiders,  robots, crawlers, data mining tools or the like) other than the software, search  agents, and interface(s) we provide and include for use within EyeJack Services; 
  • attempt to access, tamper with, or use non-public or restricted area information,  areas, servers, equipment, or facilities, of the EyeJack Services; 
  • gather the information of other users, such as their usernames, login information, real  names, email addresses, and the like, or transmit any unsolicited advertising, junk  mail, spam or other form of solicitation; 
  • use EyeJack Services for the benefit of any third party or in any manner not indicated  as approved by these Terms; 
  • violate any applicable law or regulation, including the laws applicable in Australia; or encourage or enable any other individual to do any of the foregoing. 

We reserve the right to investigate and prosecute breaches of any of the above terms and/or involve  and cooperate with the applicable law enforcement authorities in prosecuting users who violate  these Terms and/or the applicable laws. You acknowledge that we have full right and authority, but  not the obligation, to monitor your access to or use of the EyeJack Services, for operation and  maintenance, to ensure your compliance with these Terms, to comply with applicable law, rule,  regulation, or for any other legitimate purpose. 

You agree that we may place, or may authorise third parties to place, advertising, marketing and  promotional materials within the EyeJack Services. 

You expressly consent to the provision and collection of location-based services and information in  connection with the EyeJack Services. 

Access to EyeJack Services requires a connection to the Internet in order to function. Your device  will need to be connected either via Wi-Fi or a 3G/4G data connection. You are responsible for all  charges by your Internet service provider or carrier for Internet access. 

Limited License to Use the EyeJack Services  

You are only permitted to use the EyeJack Services in line with the functionalities offered by the  EyeJack Services, including to upload and integrate your content into an augmented reality piece. 

You may not: 

  • copy, modify or distribute the EyeJack Services for any purpose; 
  • transfer, sublicense, lease, lend, rent or otherwise distribute the EyeJack Services to  any third party; 
  • decompile, reverse-engineer, disassemble, or create derivative works of the EyeJack  Services; or
  • use the EyeJack Services in any unlawful manner, for any unlawful purpose, or in any  manner inconsistent with these Terms. We and/or our affiliates and licensors are  exclusive owners of all right, title and interest, including all associated intellectual  property rights in the EyeJack Services, and we reserve any rights not explicitly  granted in these Terms. 

User Accounts 

We may, in our discretion, require you to register and create an account (“Account”) in order to  make use of or access EyeJack Services and/or sign up to a Subscription Plan. In creating an  Account, you represent that you are aged 18 years or over and able to form a legally binding  contract. When creating an Account, you may be required to provide certain personal information  about yourself and establish a username and a password. You agree to provide accurate, current  and complete information when creating your Account and to update such information as needed.  We may suspend or terminate your Account (including any associated Subscription Plan) if any  information provided during the registration process or thereafter proves to be incomplete,  inaccurate, false or misleading. You are responsible for safeguarding your password and for any  activities or actions under your Account, whether or not you have authorised such activities or  actions. To the maximum extent permitted by law, we are not liable for any loss or damages you  might suffer due to a third party accessing your Account and/or obtaining access to any information  provided by you in connection with your Account, or for any other loss or damage arising from your  failure to comply with these requirements. 

EyeJack reserves the right to introduce new subscription fees or plans or amend subscription fees  or plans in the future. The timing, cost and terms applicable to such a plans will be made available  prior to any such plan coming into effect. The current plans are as outlined below, although they are  subject to change. 

In order to access some of the Services on this Website, or to post User Content (defined  below), you may be asked to set up an account and password. Our account registration page  requests certain personal information from you (“Registration Info”). You will have the ability to  maintain and periodically update your Registration Info as you see fit. By registering, you  agree that all information provided by you as Registration Info is true and accurate and that  you will maintain and update this information as required in order to keep it current, complete  and accurate.  

If you register for an account on the Website, you agree that you are responsible for  maintaining the security and confidentiality of your password, and that you are fully  responsible for all activities or charges that are incurred under your account. Therefore, you  must take reasonable steps to ensure that others do not gain access to your password and  account. Our employees will never ask you for your password.  

You hereby grant us the right to disclose to third parties certain Registration Info about you.  The information we obtain through your use of this site, including your Registration Info, is  subject to our Privacy Policy, which is specifically incorporated by reference into these Terms  of Use.  

Subscription Plans  

There are currently three (3) Subscription Plan options: 

(i) ‘Free Subscription Plan’ - Up to 1,000 free views per month. Does not include the ability to publish  collections.  

(ii) ‘Artist Subscription Plan’ - Up to 10,000 views per month, at USD$10 per month, and USD$0.01  per view once limit is reached.  

(iii) ‘Business Subscription Plan’ - Up to 100,000 views per month, at USD$100 per month, and  USD$0.01 per view once limit is reached.  

Each referred to as “Subscription Plan”. Further details on each Subscription Plan can be found https://creator.eyejackapp.com/#price, and should be read together with these Terms.  When signing-up to a Subscription Plan, individuals can manage their subscription, including  payment details, upgrade of a Subscription Plan, cancellation of a Subscription Plan, and other such  factors.  

For clarity, these Terms relate to all Subscription Plans now and, in the future, unless we expressly  specify otherwise.  

EyeJack Education plans are based on the artist subscription plan but offers a rolling discount  percentage based on volume. This information can be found on edu.eyejackapp.com 

Charges and Fees for Subscription Plans  

As a subscriber to one of the Subscription Plans, you agree as follows:  

 (i) You agree to pay, using a valid credit card (or other form of payment which we may accept   from time to time), the fixed and periodic charges and fees set forth by Company, applicable   taxes, and other charges and fees incurred in order to use or access the EyeJack Services  under a Subscription Plan.  

 (ii) We reserve the right to increase charges and fees, or to institute new charges or fees at   any time, upon advance notice communicated to you through a posting on the EyeJack   Creator desktop app and/or EyeJack mobile app or such other means as we may deem  

appropriate from time to time (including electronic mail or conventional mail).   (iii) After initial payment of a Subscription Plan, your Account will be updated to a recurring   monthly subscription for the Subscription Plan you have purchased. We will automatically   charge your credit card (or other account) the applicable monthly fee at the start of each   monthly renewal period (corresponding to the date of initial payment), unless you cancel your   subscription before you are charged for the relevant renewal period. In the event we cannot   charge your Account, we reserve the right to discontinue or terminate your Subscription Plan  and use of or access to the EyeJack Services.  

 (iv) All fixed and periodic charges and fees for our Subscription Plans are quoted in US  dollars and are inclusive of any applicable VAT or GST, except where otherwise stated.   (v) In addition to the Subscription Plan fees and charges, you are responsible for all charges   and fees associated with signing up for, using and in connection to the Subscription Plan and   connecting to the EyeJack Services, including without limitation internet service provider   fees, telephone, computer and printer equipment, sales taxes and any other fees and   charges necessary to use or access the EyeJack Services. In addition, you may incur an   additional processing and/or merchant charge from your financial institution on each  payment you make for our Subscription Plan.  

 (vi) For the purposes of your access to and use of the EyeJack Services, including   identification and billing you agree to provide us with true, accurate and complete information   as required by the subscription or sign up process to the Subscription Plan ("Subscription   Data"), including your legal name, address, telephone number, email address and applicable 

 billing information (e.g. credit card number and expiration date), and to allow us to share your   Subscription Data with third parties for the purpose of verifying the information you provide   and billing your credit card or otherwise charging your Account. You agree to maintain and   promptly update the Subscription Data and any other information you provide to us, to keep it   accurate at all times. Without limiting any other provision of these Terms, if you provide any   information that is untrue, inaccurate, or incomplete, or Company has reasonable grounds to   suspect that such is the case, Company reserves the right to suspend or terminate your   Account or Subscription Plan and refuse any and all current or future use and/or access by   you of any of the EyeJack Services. You are obligated to check your Account details to   determine whether your Subscription Data is current and accurate, and, if not, to correct or   update your Subscription Data. Other than where expressly allowed by us, you agree not to   register or subscribe for more than one account, create an account on behalf of someone  else, or create a false or misleading identity on the EyeJack Services.  

 (vii) If your Subscription Plan is revoked for any reason, you agree not to sign-up or   subscribe again using another Account or through any other means unless approved by   Company. If Company has reason to suspect, in our sole discretion, that your Subscription   Plan or Account has previously been terminated, Company reserves the right to terminate   any new Subscription Plans signed up to or Accounts you have registered without any notice  

to you, or to exercise any other remedies available to Company under these Terms or by law.   (viii) In the event of a breach of security by you using the EyeJack Services, you will remain   liable for any unauthorised use of your Subscription Plan until you update your Subscription   Data. You are entirely responsible for any and all activities which occur under your Account.   You are responsible for paying any amounts billed to your credit card by a third party which  were not authorised by you.  

 (ix) Except for your statutory rights which are unaffected, should you wish to cancel any   Subscription Plan, refunds are not permitted (unless otherwise stated), regardless of whether   you have used any EyeJack Services during that subscription period. 

Privacy  

Any personal information that you provide us (including any provided by you in connection with  setting up your Account) shall be governed by and subject to our Privacy Policy, which governs our  collection and use of your personal information. Our Privacy Policy is available at https:// eyejackapp.com/pages/privacy  

Warranties and Conditions  

You agree and warrant the following:  

(i) You must not and will not upload, post, email, reproduce or otherwise transmit:   (a) any content which you do not have the lawful right to upload, copy, transmit,   publish, reproduce, display or otherwise exploit (including but not limited to any   content that would violate any confidentiality or fiduciary obligations that you might   have with respect to the content); or  

 (b) any content that infringes the intellectual property rights of any third party   (including without limitation copyright, trademark, patent, trade secret, or other   intellectual property right, or moral right or right of publicity); or   (c) any content that violates the privacy rights of any third party. 

 (ii) You must not and will not publish any content that could damage the Company, our  business, any of our affiliates, partners, end users, or any third party;  

 (iii) You must not and will not submit material that is false, untruthful, unlawful, obscene,   defamatory, libellous, threatening, harassing, hateful, racially or ethnically offensive, or   encourages conduct that would be considered a criminal offense, give rise to civil liability,  violate any law, or is otherwise inappropriate;  

(iv) You will not impersonate another person or entity; and  

 (v) You must not and will not copy, publish, adapt, modify or otherwise reproduce content of   other users or any content that is the property of the Company or its licensees, that is made   available via the EyeJack Services, other than as made available by the users and the   Company via the standard functionality of the EyeJack Services and in accordance with  these Terms.  

The Company does not endorse any content, and we express no opinion, recommendation, or  advice regarding the content housed within the EyeJack Services.  

We have absolute discretion to determine whether your content is appropriate for use in EyeJack  Services and any user guidelines published by us and these Terms of Use. We may remove any  content and/or terminate your access for uploading objectionable content, without prior notice and at  our sole discretion. We will fully cooperate with any law enforcement authorities or court order  requesting or directing us to disclose the identity of anyone posting, publishing or otherwise making  available content or other materials that are believed to violate these Terms.  

Ownership of Your Content and License to Use Your Content  

You retain copyright in any content you submit to the EyeJack Services (“User Content”), and your  use of the EyeJack Services will not transfer any ownership in your content to the Company.  By using the EyeJack Services and uploading content you agree that we may, and we expressly  reserve the rights to, use content you upload or otherwise provide via the EyeJack Services, in its  original form and/or in the resulting integration (with animation and other effects, in its augmented  reality form) for marketing and branding purposes of the Company and the EyeJack Services, in any  and all media, worldwide, without remuneration or royalties, for an indefinite period, and for internal  administrative and business purposes. In this respect, you agree that any such use will not be  subject to your prior approval and that we have the right to edit, modify and adapt your content, as  we deem necessary for these purposes. We will not replicate content uploaded or generated by you  for direct commercial / selling purposes.  

By uploading content, you agree to that content undergoing the transformations as available within  the EyeJack Services and as selected by you, and to being displayed via the EyeJack Services (in  its original and integrated form), including that the content may be viewed by other users, where you  elect to publish it and/or make it available for download. Content submitted by you cannot be lawfully  downloaded via the EyeJack Services by other users without your consent (e.g. unless you elect to  publish it and make it available for download). However, if you elect to publish your content via the  EyeJack Services (and make it available for public viewing or download), you license and grant each  user to view and download such content for their own private, non-commercial use, for an indefinite  period and without any compensation. 

If you have any moral rights (or similar rights) in respect of the content that you upload or otherwise  submit and the Company elects to reproduce or modify as contemplated in these Terms, you  consent to the Company doing or omitting to do anything that would otherwise be an infringement of  your moral rights, in perpetuity, to the maximum extent permitted by law. If any other person has  moral rights in respect of your content, you must ensure that they agree to the above before you  submit the content.  

While you retain all rights to the User Content, you hereby grant to us (including our  employees and Affiliates), a non-exclusive, paid-up, perpetual, and universal right to sell,  license, assign, copy, distribute, display, publish, translate, adapt, modify, and otherwise use  the User Content for any purpose whatsoever, regardless of the form or medium in which it is  used.  

We respect the intellectual property rights of others, and we ask you to do the same. In  instances where we are notified of alleged infringing Company or User Content through our  designated agent, a decision may be made to remove access or disable access to such  materials, in compliance with the safe harbor provisions of the United States Digital Millennium  Copyright Act, 17 U.S.C. § 512(c) and/or similar laws. We may also make a good faith attempt  to contact the person who submitted the affected material so that they may make a counter notification.  

If you believe that you or someone else’s copyright has been infringed by Company or User  Content provided on this Website, you (or the owner or rights holder, collectively, “Rights  Holder”) should send notification to our designated agent immediately. Prior to sending us  notice, the Rights Holder may wish to consult a lawyer to determine their rights and legal  obligations under the DMCA and any other applicable laws. Nothing here or anywhere on this  Website is intended as a substitute for qualified legal advice. To file a Notice of Infringing  Material, we ask that the Rights Holder provide the following information:  

  • Reasonably sufficient details about the nature of the copyrighted work in question,  or, in the case of multiple alleged infringements, a representative list of such  works. This should include, title(s), author(s), any U.S. Copyright Registration  number(s), URL(s) etc.;  
  • Reasonably sufficient details to enable us to identify and locate the material that is  allegedly infringing the Rights Holders’ work(s) (for example, file name or URL of  the page(s) that contain(s) the material);  
  • The Rights Holder’s contact information so that we can contact them (including for  example, the Rights Holder’s address, telephone number, and email address);  A statement that the Rights Holder has a good faith belief that the use of the  material identified above in 2 is not authorized by the copyright owner, its agent, or  the law;  
  • A statement, under penalty of perjury, that the information in the notification is  accurate and that the Rights Holder is authorized to act on behalf of the copyright  owner; and  
  • The Rights Holder’s electronic signature.  

Notice may be sent to: 

Mail: 39 Wellington St, Sydney, NSW 2008  

Email: shop@eyejackapp.com 

Counter-Notification 

If material that you have posted to our Website has been taken down, you may file a counter notification that contains the following details: 

  • Identification of the material that has been removed or to which access has been  disabled and the location at which the material appeared before it was removed or  access to it was disabled;  
  • A statement, under penalty of perjury, that you have a good faith belief that the  material was removed or disabled as a result of mistake or misidentification of the  material in question;  
  • Your name, address and telephone number;  
  • A statement that you consent to the jurisdiction of the federal district courts in Los  Angeles, California, and that you will accept service of process from the person  who provided notification in compliance with section 512 (c)(1)(C) of the DMCA, or  an agent of such person.  
  • Your physical or electronic signature.  

Notice may be sent to: 

Mail: 39 Wellington St, Sydney, NSW 2008  

Email: shop@eyejackapp.com  

You also acknowledge and agree that upon receipt of a notice of a claim of copyright  infringement, we may temporarily or permanently remove the identified materials from our site  without liability to you or any other party.  

Confidential Information 

As stated above, all communications sent by you to us will be treated as non-confidential and  non-proprietary (subject to our privacy policy). Please do not submit confidential or proprietary  information to us (including patentable ideas, new content suggestions or business proposals)  unless we have mutually agreed in writing otherwise. Ideas that we receive unsolicited will be  treated as property owned by the Company and will not be returned to you.  

Our Content  

You may not copy, modify, publish or otherwise reproduce, remove, republish, reproduce, post,  transmit, distribute, upload, alter or obscure any copyright, trademark, service mark or other  proprietary rights notices incorporated in or accompanying EyeJack Services, or any content on the  Website, not uploaded or provided by you, or downloadable in any form or by any means  whatsoever without prior written permission from us.  

Excluding any content uploaded by users, all content on the EyeJack Services, including without  limitation:  

  1. the registered and unregistered trademarks, service marks and logos contained therein;  2. software, source code, scripts, imagery, graphics, photos, sounds, music, videos, and any other  intellectual property;  

(collectively, the "Company Content"), are owned by or licensed to the Company and/or our  Affiliates, and are subject to copyright and other intellectual property rights under the law. Company  Content is provided to you ‘as is’ for your information and personal use only and may not be  downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or 

otherwise exploited for any purposes whatsoever without the prior written consent of the respective  owners or as permitted in these Terms. The Company reserves all rights not expressly granted in  and to the EyeJack Services and the Company Content. 

Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo,  and/or the name of EyeJack Pty Ltd and/or its Affiliates.  

Certain of the ideas, software and processes incorporated into the Services available on this  Website are protected by patent applications pending in various jurisdictions, and we intend to  prepare and file additional patent applications in selected foreign jurisdictions.  Any blog posts or articles published on the EyeJack Services are of a general nature and do not  consider your personal circumstances or objectives. Such content should not be regarded as advice  and should not be used in place of professional advice.  

Company neither endorses nor assumes any liability for any material uploaded or submitted by  users on any part of the Website. Although we do not pre-screen, police or monitor comments  posted on the Website, if any, we and our agents reserve the right to remove any and all  postings that we feel do not comply with these Terms and any other rules of user conduct for  our Website, or are otherwise harmful, objectionable, or inaccurate. We are not responsible for  any failure or delay in removing such postings. 

Infringements  

We may terminate your access to EyeJack Services and/or remove any of your content if we have  reason to believe your actions in using EyeJack Services, including any content you upload is  deemed inappropriate by EyeJack or infringes the copyright, trademark, or other intellectual property  rights of any third party.  

In instances separate and apart from the copyright infringement protocols as set forth in the  Ownership of Your Content and License of Your Content section, above, if you believe that works in  which you retain intellectual property rights have been copied, uploaded to, and made available via  the EyeJack Services in a way that constitutes infringement, please notify us immediately, and  provide the following details:  

(i) the details of the copyright owner;  

(ii) a description of the copyrighted work that you claim has been infringed;  

 (iii) a description of what material you believe to infringe your rights and where that material  is located within EyeJack Services;  

(iv) your address, telephone number and email address;  

 (v) a written statement by you that you have a good faith belief that the disputed use is not  authorized by the copyright owner, its agent, or the law;  

 (vi) a statement by you, in the form of a statutory declaration, that the above information in   your notice is accurate and that you are the copyright owner or authorised to act on the   copyright owner’s behalf. 

We will investigate any complaints received and take actions that we deem appropriate.  

Third Party Links  

EyeJack Services may display links to third party websites, resources, products, offerings and  services not housed within the EyeJack Services and/or managed or controlled by us (“Third Party  Links”). We assume no responsibility for Third Party Links, and you are solely responsible for and  assume all risk arising from your use, access, or reliance of any Third Party Links. 

Specifically but without limitation, we shall not be responsible or liable for, to the maximum extent  permitted by law: 

(i) the availability, accuracy, quality or reliability of such Third Party Links; or   (ii) the information, products, or services available on or through such Third Party Links.  

Existence of any Third Party Link, including third party websites you could use to offer your content  for sale or license, should not be interpreted as, and does not constitute, an endorsement by us of  that Third Party Links, its publisher, or anything relating thereto. 

While we make every effort to work with trusted, reputable providers, from time to time such  sites may contain information, material or policies that some may find inappropriate or  personally objectionable. You understand that we are not responsible for the accuracy,  completeness, decency or legality of content hosted by third party websites, the information  we receive from third party websites, data providers, and other informational resources, nor  are we responsible for errors or omissions in any references made on those websites, data  providers, and/or other informational resources. The inclusion of such a link or reference is  provided merely as a convenience and does not imply endorsement of, or association with the  Website or party by us, or any warranty of any kind, either express or implied.  From time to time, this Site may include advertisements offered by third parties. You may enter  into correspondence with or participate in promotions of the advertisers showing their products  on this site. Any such correspondence or promotions, including the delivery of and the  payment for goods and services by those third parties, and any other terms, conditions,  warranties or representations associated therewith, are solely between you and the advertiser.  We assume no liability, obligation or responsibility for any part of any such correspondence or  promotion.  

Termination  

We may suspend, disable or terminate your access to your Account and/or Subscription Plan and  the EyeJack Services or any part of the same, at our sole discretion and without prior notice to you,  including where you violate these Terms. To the extent permitted by law, we will not be liable to you  or any third party for termination of your access or use. Suspension or termination will not affect any  of your obligations under these Terms (including, without limitation, ownership, confidentiality,  indemnification and limitation of liability), which by their context are intended to survive such  suspension or termination.  

No Warranty  

Your access and use of the EyeJack Services is at your sole discretion and risk. To the maximum  extent permitted by law, we will not be responsible for any damage or harm to any computer or  mobile device, loss of data or other harm that results from your use of EyeJack Services. EyeJack  Services are provided “as available” and “as is”. We do not warrant that any portion of the EyeJack  Services will meet your needs or requirements, will be secure, will operate without interruption or will  be error free. No advice or information, whether oral or written, obtained by you from us or any of our  affiliates, agents, partners, employees, successors, or assigns, will create any warranty not  expressly stated in these Terms.

Disclaimer 

ALL CONTENT AND SERVICES ON THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS  AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,  ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE  OF TRADE ARE MADE OR GIVEN, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED  WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, OR FITNESS FOR A  PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT, PARTICULAR,  SPECIFIC, OR OTHERWISE, OR WARRANTIES FOR INFORMATION ACCURACY,  INTEGRATION, OR ENJOYMENT, PARTICULAR, SPECIFIC OR OTHERWISE. WITHOUT  LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE CONTENT OR  SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE CONTENT, SERVICES OR WEBSITE  WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY  BE OBTAINED FROM THE USE OF THE CONTENT OR SERVICES OFFERED WILL BE  EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY CONTENT OR  SERVICES PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR  AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR  DEFECTS. 

THIS WEBSITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR  TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT AND SERVICES AT  THIS WEBSITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS OR  SERVICES LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE CONTENT OR SERVICES  AVAILABLE AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO  UPDATE SUCH CONTENT OR SERVICES.  

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY  SERVICES OR CONTENT THROUGH THIS WEBSITE IS DONE AT YOUR OWN DISCRETION  AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR  ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM  SUCH ACTIVITIES. 

Through your use of the Website, you may have the opportunities to engage in commercial  transactions with other users and vendors. You acknowledge that all transactions relating to any  products or services provided by any third party, including, but not limited to the purchase terms,  payment terms, warranties, guarantees relating to such transactions, are agreed to solely between  the seller of such merchandise and you. 

WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH A THIRD  PARTY, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT  SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY  THAT IS PROVIDED IN CONNECTION WITH ANY OFFERINGS OR CONTENT AVAILABLE ON  OR THROUGH THIS WEBSITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD  PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.  

WE RESERVE THE SOLE RIGHT TO EITHER MODIFY OR DISCONTINUE THE WEBSITE,  INCLUDING ANY OFFERINGS OR FEATURES THEREIN, AT ANY TIME WITH OR WITHOUT  NOTICE TO YOU. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD WE  EXERCISE SUCH RIGHT. MODIFICATIONS MAY INCLUDE, BUT ARE NOT LIMITED TO,  CHANGES IN THE PRICING STRUCTURE, THE ADDITION OF FREE OR FEE-BASED 

SERVICES, OR CHANGES TO LIMITATIONS ON ALLOWABLE CONTENT, FILE SIZES OR FILE  TYPES. ANY NEW FEATURES THAT AUGMENT OR ENHANCE THE THEN-CURRENT  OFFERINGS ON THIS WEBSITE SHALL ALSO BE SUBJECT TO THESE TERMS OF USE.  SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN  WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE  CONSULT THE LAWS IN YOUR JURISDICTION.  

IN NO EVENT SHALL WE OR ANY AND ALL OF OUR PARENTS, SUBSIDIARIES, AFFILIATES,  PARTNERS, MEMBERS, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS,  INDEPENDENT CONTRACTORS, LICENSEES, ASSIGNEES, BENEFICIARIES, AND HEIRS  (“RELEASEES”) BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE,  OR CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND WHATSOEVER WITH RESPECT  TO THE SERVICE, THE WEBSITE, LOSS OF USE, DATA OR PROFIT LOSS, WHETHER OR NOT  THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY  THEORY OF LIABILITY, AND WHETHER DUE TO INACCURACY, ERROR, OMISSION, OR ANY  AND ALL OTHER REASONS WHATSOEVER, WHETHER FORESEEABLE OR  UNFORESEEABLE. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO,  NEGLIGENCE AND ANY AND ALL OTHER LEGAL BASES CAPABLE OF BEING LIMITED, SHALL  THE RELEASEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR  CONSEQUENTIAL DAMAGES OR LOSSES THAT RESULT FROM THE USE OF, OR THE  INABILITY TO USE, THE WEBSITE. THE RIGHT WITH RESPECT TO ANY DISSATISFACTION  WITH THE WEBSITE SHALL BE FOR YOU AND ANYONE ACTING ON YOUR BEHALF TO  TERMINATE THE USE OF THE WEBSITE. 

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE RELEASEES ARE NOT  RESPONSIBLE FOR AND EXPRESSLY DISCLAIM ALL LIABILITY FOR DAMAGES OF ANY KIND  ARISING OUT OF USE, REFERENCE TO, OR RELIANCE ON ANY INFORMATION APPEARING  ON THIS WEBSITE AND/OR IN THE SERVICES.  

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, UNDER NO CIRCUMSTANCES  WILL THE RELEASEES BE LIABLE FOR ANY AND ALL BREACHES OF ANY AND ALL FEDERAL,  STATE, LOCAL AND/OR COUNTRY STATUES, REGULATIONS, AND/OR LAWS THAT MAY  OCCUR AS A RESULT OF AN INDIVIDUAL'S USAGE OF THIS WEBSITE, OR OF ANY OTHER  THIRD-PARTY WEBSITE. IT IS YOUR RESPONSIBILITY TO COMPLY WITH ANY AND ALL  FEDERAL, STATE, LOCAL AND/OR COUNTRY STATUES, REGULATIONS, AND/OR LAWS THAT  MAY GOVERN YOUR USAGE OF THIS WEBSITE. 

Any litigation arising out of using the Website shall be held exclusively in an appropriate court in  Australia, and under Australian law, without regard to choice of law provisions, and, by your usage of  this Website you expressly consent to such jurisdiction and venue without objection, including,  without limitation to forum non convenient, and any and all other grounds, and are hereby barred  from raising such objections to jurisdiction and/or venue.  

THE INFORMATION PROVIDED ON THIS WEBSITE AND IN THE APPS IS BEING PROVIDED  FOR PERSONAL USE AND ENJOYMENT, AND THE USE OF THE WEBSITE AND/OR  APPLICATIONS IS AT THE USER’S OWN RISK. WE CANNOT RULE OUT THE POSSIBILITY OF 

ERROR, AND WE WILL NOT BE HELD LIABLE IN THE UNFORTUNATE CIRCUMSTANCE THAT  SUCH AN ERROR ARISES.  

By using this Website, you explicitly confirm and agree that you fully accept all the terms and  conditions of this disclaimer. You agree to defend, indemnify, and hold us and the Releasees  harmless from all liabilities, claims, and expenses, including attorneys’ fees that may arise from your  use or misuse of this Website. We, and any and all other Releasees, expressly reserve the right, at  your sole expense, to assume the exclusive defense and control of any matter otherwise subject to  indemnification by you, in which event you will cooperate with us in asserting any available  defenses.  

If any part of these terms are held invalid or unenforceable, that portion shall be construed in a  manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the  parties, and the remaining portions shall remain in full force and effect. 

Limitation on Liability and Indemnification 

Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms  and your use of this Website shall be limited to the amount you paid us for Services purchased  on the Website during the one (1) month period before the act giving rise to the liability. 

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY  FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES  OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION,  THOSE RESULTING FROM LOSS OF USE, DATA OR PROFIT LOSS, WHETHER OR NOT  WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY  THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS  SITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS SITE.  FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY PROMISES  REGARDING OUR SERVICES OR CONTENT OR FOR ASSISTANCE IN CONDUCTING  COMMERCIAL TRANSACTIONS WITH THE THIRD PARTY THROUGH THIS SITE,  INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.  SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR  CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT  APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, ALL LIABILITY LIMITATIONS  AVAILABLE TO GOALDENVIEW SHALL BE TO THE FULLEST EXTENT PERMITTED BY LAW IN  THE APPLICABLE JURISDICTION, AND IN THE EVENT THAT GOALDENVIEW’S LIABILITY  LIMITATIONS ARE NOT PERMISSIBLE IN SUCH APPLICABLE JURISDICTION, SUCH LIABILITY  LIMITATION SHALL, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT BE IN A  SUM GREATER THAN THE SUBSCRIPTION FEES PAID BY YOU TO GOALDENVIEW. PLEASE  CONSULT THE LAWS IN YOUR JURISDICTION.  

You agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities,  claims, and expenses, including attorneys’ fees that may arise from your use or misuse of this  Website. We reserve the right, at our own expense, to assume the exclusive defense and  control of any matter otherwise subject to indemnification by you, in which event you will  cooperate with us in asserting any available defenses.  

To the extent permitted by law and subject to the rights you may have under the Australian  Consumer Law (as enshrined within Schedule 2 of the Competition and Consumer Act 2010 (Cth) 

(“Australian Consumer Law”) and any other applicable laws that cannot be excluded, in no event  shall the Company, its officers, directors, employees, or agents, be liable to you for any direct,  indirect, incidental, special, punitive, or consequential damages or loss whatsoever resulting from:  

  1. Any errors, mistakes, omissions or inaccuracies of any content;  
  2. personal injury or property damage, of any nature whatsoever, resulting from your access  to and use of the EyeJack Services, the EyeJack Services or products of the Company or  advertisers on the EyeJackServices;  
  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. user submissions or the defamatory, offensive, or illegal conduct of any third party,  including users;  
  5. any interruption or cessation of transmission to or from the EyeJack Services, and/or  6. any loss or damage of any kind incurred as a result of your use of any content posted,  emailed, transmitted, or otherwise made available via the EyeJack Services, whether  based on warranty, contract, tort, or any other legal theory, and whether or not the  Company is advised of the possibility of such damages. 

While the foregoing limitation of liability shall apply to the fullest extent permitted by law in the  applicable jurisdiction, where conditions, warranties or other rights are implied into terms or  otherwise conferred by law, and it is not lawful or possible to exclude them, then those conditions,  warranties or other rights will (but only to the extent required by law) apply to these Terms.  Subject to the rights you may have under the Australian Consumer Law and any other applicable  laws that cannot be excluded, at the option of the Company, our liability for breach of implied  conditions or warranties is limited, to the extent permitted by law to, if the breach relates to goods, (i)  the replacement of the goods or the supply of equivalent goods, (ii) the repair of the goods, (iii) the  payment of the cost of replacing the goods or of acquiring equivalent goods, or (iv) the payment of  having the goods repaired and, if the breach relates to services, (i) the supply of the services again;  or (ii) the payment of the cost of having the services supplied again. For clarity, nothing in these  Terms purports to limit the application of any statutory consumer warranties or rights.  

Indemnity  

To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless the  Company, its officers, directors, employees and agents, successors and assigns from and against  any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including  but not limited to attorney's fees) arising from or connected with: (i) your use of and access to the  EyeJack Services, including the functionalities and services provided therein; (ii) your violation of  these Terms; (iii) your violation of any third party right, including without limitation any copyright,  intellectual property, real property or privacy right; or (iv) any claim that one of your submissions to  the EyeJack Services or content uploaded or otherwise supplied by you caused damage to a third  party. This defense and indemnification obligation will survive these Terms and your use of the  EyeJack Services.  

Confidentiality  

Except as expressly and unambiguously permitted hereunder, you agree to hold in confidence and  not use or disclose any materials or information disclosed by us, our affiliates, or our licensors, that  are confidential or proprietary or which may be reasonably regarded as the confidential information 

or notified to you to be confidential information (“Confidential Information“). You shall treat as  confidential all Confidential Information provided to you and must not disclose it to any other person  or in any way not authorised by us. Confidential Information will not include any materials or  information that:  

  1. is now, or later becomes, through no act or failure to act on your part, generally known or  available to the public;  
  2. is known by you at the time of disclosure as evidenced by written record, without  obligation of confidentiality;  
  3. is furnished to you by a third party, as a matter of right and without restriction on  disclosure;  
  4. is independently developed by you without any breach of these Terms;  
  5. is the subject of an express written permission to disclose provided by us; or  6. is disclosed in response to a valid order of a court or other governmental body or as  required by law.  

Mobile Application  

The EyeJack mobile application (“Application”) will be available via the Apple App Store and the  Google Play Store, for download to compatible devices. When you download the Application, you  are granted a non-transferable licence to use the Application on your device, in the way intended  and provided for within the normal functionality of the Application only.  

You acknowledge that we may from time to time issue upgraded versions of the Application, and  may automatically electronically upgrade the version of the Application that you are using on your  compatible device. You consent to such automatic upgrading on your mobile device, and agree that  these Terms will apply to all such upgrades.  

The following additional terms and conditions apply to any Application that is available and  downloaded via an Apple iOS-powered mobile device (an “iOS App”): 

  • Your use of the iOS App must comply with Apple’s App Store Terms of Service.  You acknowledge that these Terms are between you and the Company only, and not with  Apple, Inc. (“Apple”). The Company, and not Apple, is responsible for the iOS App. You  acknowledge that Apple has no obligation to provide maintenance and support services with  respect to the iOS App. To the maximum extent permitted by law, Apple will have no  warranty obligation whatsoever with respect to the iOS App.  
  • You agree that the Company, and not Apple, is responsible for addressing any claims by you  or any third party relating to the iOS App or your possession and/or use of the iOS App,  including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to  conform to any applicable legal or regulatory requirement; and (iii) claims arising under  consumer protection laws or similar legislation, and all such claims are governed solely by  these Terms and any law applicable to the Company as the provider of the iOS App.  
  • You agree that the Company, and not Apple, shall be responsible, to the extent required by  these Terms, for the investigation, defense, settlement and discharge of any third-party  intellectual property infringement claim related to the iOS App or your download and use of  the iOS App.  
  • You represent and warrant that (i) you are not located in a country that is subject to a U.S.  Government embargo, or that has been designated by the U.S. Government as a “terrorist  supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or  restricted parties. 
  • You agree to comply with all applicable third-party terms of agreement when using the iOS  App).  
  • The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these  Terms and Conditions as they relate to your license and use of the iOS App. Upon your  acceptance of these Terms, Apple will have the right (and will be deemed to have accepted  the right) to enforce these Terms against you as they relate to your license of the iOS App as  a third-party beneficiary thereof.  
  • The following additional terms and conditions apply with respect to any Application that the  Company may provide to you designed for use on an Android-powered mobile device (an  “Android App”): 
  • You acknowledge that these Terms and Conditions are between you and the Company only,  and not with Google, Inc. (“Google”). 
  • Your use of the Android App must comply with Google’s then-current Google Play Terms of  Service.  

Google is only a provider of the Android Market where you obtained the Android App. The Company,  and not Google, is solely responsible for the Android App and the Services. Google has no  obligation or liability to you with respect to the Android App or these Terms.  

Download Packs  

  • If you hold an Account and use the EyeJack Services via the EyeJack Creator iOS or  Android App, you have the option to allow other users to view and download content that  you create by purchasing a download pack which allows your content to be shared to a set  number of downloads (“Download Pack”).  
  • The following additional terms and conditions apply to users who purchase a Download  Pack  
  • you must have an Apple iTunes account or a Google account and the EyeJack Creator iOS  or Android App;  
  • payment is made solely via an Apple iTunes account or a Google account as applicable and  in accordance with and governed by the Apple iTunes terms and conditions and the Google  Play terms of service. The Company is not responsible for any purchases made via an  Apple iTunes account or Google account and is not liable for any loss or damage you may  suffer as a result of using the Apple iTunes or Google payment gateway;  
  • fees and charges for each Download Pack will be billed to you automatically via the set  payment method specified in your iTunes or Google account;  
  • the full fees and charges for each Download Pack will apply regardless of whether or not  users download your content and there is no reimbursement, credit or refund for any unused  or remaining downloads;  
  • the fees and charges for each Download Pack are as set out in the EyeJack Creator App in  Australian Dollars (AUD) and the Company reserves the right to vary the fees and charges  for the Download Packs from time to time; and  
  • a Download Pack will expire when the number of downloads in the Download Pack has  been exhausted. A subsequent Download Pack will need to be purchased to allow users to  continue viewing your content.  

Governing Law 

These Terms and Conditions shall be governed by and construed in accordance with the laws of  New South Wales, Australia. You irrevocably and unconditionally agree to submit to the exclusive  jurisdiction of the courts of New South Wales, Australia, and the courts that may hear appeals from  them.  

International Use  

Although this Website may be accessible worldwide, we make no representation that materials  on this Website are appropriate or available for use in locations outside the United States,  European Union, Australia or Great Britain. Those who choose to access this Website from  other locations do so on their own initiative and at their own risk. If you choose to access this  Website from outside the United States, European Union, Australia or Great Britain, you are  responsible for compliance with local laws in your jurisdiction, including but not limited to, the  taxation of products purchased over the Internet. Any offer for any product, Service, and/or  information made in connection with this Website is void where prohibited.  

No Resale Right 

You agree not to sell, resell, reproduce, duplicate, distribute, copy or use for any commercial  purposes any portion of this Website, or use of or access to this Website or Services provided  through this Website, beyond the limited rights granted to you under these Terms.  

Force Majeure  

In addition to any excuse provided by applicable law, we shall be excused from liability for  non-delivery or delay in delivery of products and Services available through our Website  arising from any event beyond our reasonable control, whether or not foreseeable by either  party, including but not limited to: labor disturbance, war, act of public enemy, terrorist attack,  fire, epidemic or pandemic, accident, adverse weather, inability to secure transportation,  governmental act or regulation, and any and all other causes or events beyond our reasonable  control, whether or not similar to those which are enumerated above.  

Entire Agreement 

These Terms and the Privacy Policy constitute the entire agreement and understanding  between the parties concerning the subject matter hereof and supersedes all prior agreements  and understandings of the parties with respect thereto. These Terms may NOT be altered,  supplemented, or amended by the use of any other document(s) not executed or otherwise  modified, changed, updated, deleted, or added to by Company. To the extent that anything in  or associated with this Website is in conflict or inconsistent with these Terms, these Terms  shall take precedence.  

General  

These Terms, together with the Privacy Policy and any other terms and conditions and legal notices  published by the Company on the EyeJack Services, shall constitute the entire agreement between  you and the Company concerning the EyeJack Services. If any provision of these Terms is deemed  invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity  

of the remaining provisions of these Terms, which shall remain 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, and the Company's failure to assert any right or provision under these Terms shall not  constitute a waiver of such right or provision. The Company reserves the right to amend these Terms 

at any time and without notice, and it is your responsibility to review these Terms for any changes.  Your use of the EyeJack Services following any amendment of these Terms will signify your assent  to and acceptance of its revised terms. The Company reserves the right to take appropriate legal  action, where it deems necessary, against any person that breaches these Terms. The term  “EyeJack Services” shall be inclusive of the term “Services” in all instances in which it appears in  these Terms.  

Contact  

If you have any questions or complaints, you can contact us via email at support@eyejackapp.com