EyeTell Terms of Service

Last Updated: April 23, 2026

Welcome to EyeTell!

1. Agreement to Terms and Scope of Services

If you use our Services and Software, you are agreeing to our contractual terms, which are subject to the laws of the State of Delaware and the United States.

(a) Acceptance of Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you”), and EyeTell, Inc., a Delaware corporation, (“EyeTell”, “We”, “Us”, or “Our”), concerning your access to and use of EyeTell’s website, web-based application, desktop and mobile applications, community platform, along with all related components, features, updates, upgrades, services, support, sales, and marketing activities (collectively, the “Services and Software”).

By creating an account, accessing, using, or registering for the Services and Software, you agree to be bound by these Terms, including our Privacy Policy, and where applicable, the End User License Agreement, which are incorporated by reference into these Terms. If you do not agree to be bound by these Terms, please do not access or use the Services and Software. You are also agreeing to settle any major disagreements through binding individual arbitration instead of court. Please review Sections 20 and 21 for details regarding arbitration.

If you are accessing and using the Services and Software on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.

(b) Our Services and Software

EyeTell provides you with access to its proprietary Services and Software, which include (i) the web-based applications and platforms accessible via the EyeTell website, and (ii) the proprietary downloadable, desktop and mobile applications that enable creative functionality, file management, and related services. Note that the desktop application is currently available only for Mac operating systems. All access and use are provided solely on the conditions and limitations set out in these Terms and, where applicable, the separate software agreement(s) referenced herein. EyeTell reserves the right to make changes to these Terms at any time, and your continued use constitutes your acceptance of the new Terms.

The Services and Software are controlled and operated by EyeTell from its offices within the United States. EyeTell makes no representation that the Services and Software or content are appropriate or available for use in other locations. Those who choose to access the Services and Software from locations outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Your use of the Services and Software is subject to the laws, restrictions, and regulations of the State of Delaware and United States, and other jurisdictions that govern the import, export, and use of the Services and Software. By using the Services and Software, you agree to comply with all such laws, restrictions, and regulations, and you warrant that you are not prohibited from receiving the Services and Software by the laws of any jurisdiction. You specifically agree not to upload to or transmit over any Services and Software any content that is controlled for export from the United States (including technical data controlled under the US International Traffic in Arms Regulations and technology controlled under the US Export Administration Regulations). Any breach of this clause shall be deemed a material breach of these Terms.

(d) Geographic Eligibility and Traveler Access

We may use IP address, device identifiers, or other geolocation signals to determine regional access eligibility. Specific features including account creation, content uploading, and the purchase of Tubes may be prohibited for individuals habitually resident in jurisdictions designated by EyeTell as “Restricted Regions”. We reserve the right to modify the list of Restricted Regions and the permissions granted to users in those regions at any time. Registered users with a habitual residence outside of a Restricted Region (“Global Users”) may access their accounts while temporarily traveling within a Restricted Region. The following jurisdictions are currently designated as Restricted Regions: the European Economic Area (EEA), and the United Kingdom (UK).

In addition, the Services and Software are unavailable in the People’s Republic of China, the Russian Federation, and any jurisdiction subject to comprehensive United States sanctions or embargoes. Users located in these jurisdictions may not access the Services and Software in any form, including passive viewing. We reserve the right to modify the geographic availability of the Services and Software at any time without prior notice to comply with legal requirements or business needs.

You covenant that you will not misrepresent your residence or location, and will not use any VPN software or any other privacy anonymization tools, proxy, relay service, IP-masking tools, or other method designed to circumvent geographic eligibility, availability, or access restrictions. Any violation of this Section is a material breach of these Terms and may result in refusal of service, suspension, or termination.

2. Privacy Policy

We care about your privacy. Our separatePrivacy Policy explains what data we collect from you and how we use it.

Please review our Privacy Policy, which also governs your use of the Services and Software, for information on how we collect, use, and share personal information.

3. Changes to These Terms or the Services and Software

EyeTell is always improving, so we might update these rules or the Services and Software themselves. It’s your responsibility to revisit these terms from time to time for any updates.

We may update the Terms from time to time at our sole discretion. If we do, we will let you know by posting the updated Terms on our website, or within the Services and Software, and may also send other communications. Unless otherwise stated, changes become effective when posted. It is important that you review the Terms whenever we update them, or you use the Services and Software. If you continue to use the Services and Software after we have posted updated Terms, it means that you accept and agree to the changes. If you do not agree to be bound by the changes, you may not use the Services and Software anymore. Because our Services and Software are evolving over time, we may change, suspend, or discontinue all or any part of the Services and Software, at any time and without notice, at our sole discretion.

4. Monetization and Paid Services

EyeTell may monetize the Services and Software and User Content through ads and other methods, and we will offer a variety of Paid Services.

(a) General Terms. EyeTell reserves the right to monetize all or any part of the Services and Software in its sole discretion. This may include displaying advertisements, sponsored content, or promotional materials within or alongside the Services and Software or User Content (defined below). You agree that EyeTell and its affiliates may place such advertising and that EyeTell may retain all revenue, compensation, and other value received from such monetization activities without any obligation to share such revenue or value with you. EyeTell may also introduce or modify at any time paid versions, premium features, or subscription tiers for the Services and Software (“Paid Services”). Nothing in these Terms requires EyeTell to maintain any monetization model, and EyeTell may start, stop, or modify monetization features, Paid Services, or pricing at any time. We will disclose updated prices before they apply to you.

(b) Subscriptions. EyeTell may offer access to certain features or tiers of the Services and Software on a subscription basis (“Subscription”). Subscription fees are due and payable in advance for the applicable Subscription term. Unless otherwise noted at the time of purchase, Subscriptions will auto-renew and you will need to unsubscribe if you wish to cancel auto-renewal. All Subscription fees are non-refundable and not subject to credits, pro rata refunds, or price adjustments once charged, including for partial periods or unused features. If you cancel your subscription at any time during the subscription period, your subscription will end when that period expires. The foregoing does not affect any non-waivable rights under applicable law.

(c) Tubes. EyeTell may offer prepaid credits, which may be known as “Tubes”, that can be used to access certain features, functionality, or renders. Each Tube corresponds to, and will be decremented based on, specific actions or renders as described at the time of purchase or within the Services and Software. Tubes have a specified price and will be deducted from your balance when you initiate a covered action or render. The applicable Tube usage rates and any associated feature details will be disclosed at purchase or at the time of use. Tubes are personal to your account and may not be transferred, resold, bartered, redeemed for cash, or monetary value. Purchases of Tubes are final and non-refundable, and unused Tubes expire one (1) year after the date of purchase or issuance, unless a different period is specified at the time of purchase or otherwise required by law. Expired Tubes are not redeemable and have no monetary value. The foregoing does not affect any non-waivable rights under applicable law. Tubes are not gift cards or gift certificates and do not constitute stored-value instruments. They are prepaid access to digital services offered within the Services and Software, and are not subject to unclaimed property or escheatment laws.

(d) Payment. You authorize EyeTell (and its payment processors) to charge all fees, taxes, and any applicable currency conversion costs to your selected payment method. You must provide a valid payment method and keep your billing information current. You are responsible for any sales, use, non-European VAT, GST, or similar taxes, duties, or levies associated with your purchases, except for taxes based on EyeTell’s net income. If a payment cannot be completed, EyeTell may suspend or limit access to the Services and Software.

(e) Errors. If you believe there is a billing error, please contact us promptly so we can investigate and correct it if confirmed. You agree not to file a chargeback with your card issuer until you have provided EyeTell with a reasonable opportunity to address the issue. EyeTell reserves the right to contest improper chargebacks and to suspend or terminate access to the Services and Software in connection with unpaid or disputed amounts.

(f) Promotions. Any promotional pricing, free trials, bonus Tubes, or other offers are subject to their specific terms and may be modified, suspended, or withdrawn at any time to the extent permitted by law. Unless otherwise stated otherwise, promotional offers are limited-time, non-transferable, may not be combined, and may be revoked in cases of abuse, fraud, or mistake.

5. Individuals Permitted to Use the Services and Software

You need to be at least 18 to use EyeTell and comply with other requirements.

(a) Use of the Services and Software. You may use the Services and Software, as an individual user, only if you are at least 18 years of age, have the legal capacity to enter into a binding contract, and you are not otherwise barred from using the Services and Software under these Terms or under applicable law. If you do not meet all of these requirements, do not use EyeTell.

(b) Account Registration. For certain features of the Services and Software, you will need an account. It is important that you provide us with accurate, complete, and current account information and keep this information up to date. If you do not, we might have to suspend or terminate your account. To protect your account, keep the account details and password confidential, and notify us right away of any unauthorized use. You are responsible for all activities that occur under your account, including activity by anyone to whom you provide access. If you believe your account has been compromised or used without authorization, you must notify us promptly.

6. Companies Permitted to Use the Services and Software

If you’re a company, only authorized staff can use the tool, and you’re responsible for what they do with it.

If you are a company or other legal entity, the Services and Software may only be accessed and used by your employees or contractors who have been designated and authorized by you to be granted such access (each an “Authorized User”) for the sole purpose of performing their job functions for you. Each account for the Services and Software may only be accessed and used by the specific Authorized User for whom such account is created. The account credentials are confidential and cannot be shared or used by more than one person. You are responsible and liable for: (i) all actions taken under an Authorized User’s credentials, whether such action was taken or authorized by the Authorized User; and (ii) all uses of the Services and Software resulting from access provided by EyeTell, directly or indirectly, whether such access or use is permitted by or in violation of these Terms.

7. Your Feedback

If you send us suggestions, we can use them freely.

We appreciate feedback, comments, ideas, proposals, and suggestions for improvements to the Services and Software (“Feedback”). If you choose to submit Feedback, you agree to irrevocably assign to us all rights in such Feedback so that we have the right to use, disclose, reproduce, license, distribute, and otherwise exploit that Feedback without any restriction or compensation to you.

8. Licenses You Grant to Us

By posting content on EyeTell, you give us permission (a license) to use, display, and share it to run and improve the service.

(a) Posting Content. Our Services and Software may allow you to create, store or share content such as text (in posts or communications with others), files, documents, graphics, images, music, software, audio, and video. Anything (other than Feedback) that you generate, post or otherwise make available through the Services and Software is referred to as “User Content”. With the exception noted in Section 8(b) and the assignment of Contributions under Section 9(b), you own and retain all right, title, and interest in and to your User Content.

(b) Permissions to Your User Content. You retain ownership of your User Content. You grant EyeTell and its service providers a non-exclusive, worldwide, royalty-free license to host, store, reproduce, modify, and display your User Content solely as needed to provide, operate, maintain, and improve the Services and Software, including enabling features, functionality, and collaboration. This license includes the right to create technical modifications or derivative works as necessary for formatting, processing, or ensure compatibility across devices and services, and to share User Content in accordance with your settings and use of the Services and Software. EyeTell does not use your User Content to train AI models. We do not sell, license, or otherwise use your User Content outside of the Services and Software except as required to provide them or as permitted by your instructions.

9. Ownership, Responsibility, and Removal of Your Content

What you create and upload is yours, not ours. Just be sure the material you bring to EyeTell does not infringe someone else’s rights. Remember to always review the AI’s output, as you are responsible for it.

(a) Your Content (Input). Subject to the assignment of Contributions in Section 9(b), you keep all ownership of your User Content, but you’re responsible for ensuring that what you bring to EyeTell (“Input”) doesn’t infringe anyone else’s rights. That means, for example, you shouldn’t upload footage, artwork, or sound you found elsewhere unless you created it yourself or have clear permission to use it. You represent and warrant that your User Content and its use on the Services and Software will not violate anyone’s intellectual property rights (including but not limited to any copyright, licensed rights, and trademarks), privacy, or publicity rights, or any law. User Content you share may, by default, be visible to others unless you select private settings. Deleting content does not affect licenses or permissions already exercised before deletion.

(b) Your Input as a Collaborator. If you contribute to User Content created or controlled by another person (the “Original User”), you are a “Collaborator,” and your edits, additions, or other contributions (“Contributions”) are subject to this Section. Ownership of Contributions between you and the Original User will be governed by any separate written agreement between you. If no such agreement exists, the Original User owns all Contributions, and you irrevocably assign to them all rights, title, and interest in those Contributions upon creation. If you are acting on behalf of a company or other legal entity, you represent that your Contributions are made within that relationship and subject to its terms, and ownership will be determined by applicable law or agreements with that entity. References to “Collaborator” and “Original User” will be interpreted consistent with those arrangements, including where the Original User is an organization or account owner. Contributions incorporated into User Content are treated as part of that User Content for purposes of the license granted in Section 8(b), and the applicable rights holder grants that license.

(c) AI-Generated Output. When you use EyeTell’s tools to generate or transform User Content or any components thereof, such as AI-assisted videos, images, audio, text, or other media (collectively, the “Output”), as between you and EyeTell, you own that Output to the maximum extent allowed by law. Except for the limited license you give us under Section 8(b), EyeTell does not claim ownership of your Output. To the extent EyeTell could claim any rights in it, as between you and EyeTell, we assign those rights back to you, subject only to the limited license you grant us under Section 8(b) (Permissions to Your User Content) so that we can host, process, and display your work. EyeTell makes no warranty or representation regarding the legality, copyrightability, or non-infringement status of the Output. You remain responsible for complying with any disclosure, labeling, or synthetic-media regulations that apply to your use of Output. You agree that EyeTell is not liable for errors or omissions in such Output. EyeTell will not use your Output to train any AI models used in connection with the Services or Software.

(d) Legal Responsibility. EyeTell does not offer legal advice or indemnify users against copyright claims. Therefore, you are solely and fully responsible for:

the use, commercialization, and distribution of your User Content.
reviewing and validating your User Content and Output for accuracy, completeness, and appropriateness before any use or reliance.
ensuring that the User Content and Output reflects your own creative work or Contribution.
ensuring your User Content and Output complies with all applicable laws and does not infringe upon the rights of any third parties.

(e) Removal and Retention. You may delete your User Content or Output at any time through your account controls. Some copies may remain temporarily in backups, caches, or shared projects. EyeTell may retain certain data as required by law, to enforce these Terms, or to ensure service integrity. To the fullest extent permitted by law, EyeTell isn’t liable for delays or failure to remove content caused by technical or legal necessity.

10. Licenses to Use our Services and Software

If you use our Services and Software, here’s what you can (and can’t) do with them.

(a) License Grants to You

Subject to these Terms, EyeTell grants you a personal, non-exclusive, non-transferable, revocable, limited license to download, install, and use the Services and Software, as the case may be, solely in connection with your authorized use of the Services and Software. The Software is licensed, not sold, and EyeTell retains all ownership and intellectual property rights in and to the Software and all copies thereof. Notwithstanding the general Terms set forth herein, your use of the Software is also governed by a separate End-User License Agreement (EULA) or Software Agreement that you must review and accept via a click-wrap mechanism during the installation or initial launch process. This separate EULA contains specific, detailed terms regarding licensing restrictions, installation requirements, warranties, and other conditions unique to the Software. In the event of a direct conflict between the terms of this document and the separate EULA regarding your use of the Software, the terms of the EULA shall govern and control.

Except as expressly permitted in these Terms, you may not:

copy, modify or create derivative works based on the Services and Software;
distribute, transfer, sublicense, lease, lend or rent the Services and Software to any third party;
reverse engineer, decompile or disassemble the Services and Software (unless applicable law permits, despite this limitation);
remove or obscure any product identification, disclaimer, trademark, watermark, proprietary, copyright or other notices contained in the Services and Software
make the functionality of the Services and Software available to multiple users through any means; or
publicly disseminate information or analysis regarding the performance of the Services and Software.

(b) Additional Information

If you get EyeTell from an app store (like Apple’s App Store or Google Play), those platforms’ terms also apply. This Section 10(b) applies to any App that you acquire from the Apple App Store or use on an iOS device. Apple has no obligation to furnish any maintenance and support services with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that your possession and use of the App infringe that third party’s intellectual property rights. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. You represent and warrant that (i) you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a terrorist-supporting country; and (ii) you are not listed on any US Government list of prohibited or restricted parties. You must also comply with any applicable third-party terms of service when using the App.

11. General Prohibitions and Community Guidelines

EyeTell is for creativity and connection, not harm, hate, sabotage, or deception.

You will not, and will ensure your Authorized Users will not, do any of the following:

Upload or share User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, including synthetic or AI-generated content used deceptively; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; (vii) promotes illegal or harmful activities or substances; or (viii) contains gore or similar shocking or disturbing content.
Repost User Content of others without their permission.
Use, display, mirror or frame the Services and Software or any individual element within the Services and Software, EyeTell’s name, any EyeTell trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without EyeTell’s express written consent.
Access, tamper with, or use non-public areas of the Services and Software, EyeTell’s computer systems, or the technical delivery systems of EyeTell’s providers.
Attempt to probe, scan, or test the vulnerability of any EyeTell system or network or breach any security or authentication measures.
Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by EyeTell or any of EyeTell’s providers or any other third party (including another user) to protect the Services and Software.
Attempt to access or search the Services and Software or download content from the Services and Software using any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by EyeTell or other generally available third-party web browsers.
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation.
Use any meta tags or other hidden text or metadata using any EyeTell trademark, logo URL or product name without EyeTell’s express written consent.
Use the Services and Software, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms.
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services and Software to send altered, deceptive, or false source-identifying information.
Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services and Software.
Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services and Software.
Collect or store any personally identifiable information from the Services and Software from other users of the Services and Software without their express permission.
Impersonate or misrepresent your affiliation with any person or entity.
Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the foregoing.

12. Community Guideline Strikes

We use a fair-warning system. If you break our rules, you’ll hear from us, and you’ll have a way to appeal.

EyeTell is not obligated to monitor access to or use of the Services and Software or to review or edit any content. However, we have the right to do so for the purpose of operating the Services and Software, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services and Software. Your violation of these General Prohibitions and Community Guidelines may result in a suspension or ban from our Services and Software. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

If your account is restricted or suspended due to a strike, you must not create or use another account to avoid these restrictions. Circumvention is a material breach of these Terms and may result in immediate termination of your account and associated data. EyeTell may adjust how strikes are counted or expire over time to reflect new enforcement practices or community feedback

13. Copyright Protection and Strikes (DMCA)

Creators deserve respect for their work. If your copyright is infringed, or you receive a strike, we have clear processes for both.

EyeTell respects copyright law and provides resources to help rights holders protect their intellectual property online. EyeTell complies with the Digital Millennium Copyright Act (DMCA) and terminates accounts of repeat infringers where appropriate. Please refer to the EyeTell Copyright Policy for more information.

(a) DMCA Notice Procedure. If you believe your work has been used on EyeTell without permission, please send a DMCA notice containing all required elements to our designated agent.

DMCA Agent

EyeTell, Inc.

400 Concar Drive

San Mateo, CA 94402

Email: [email protected]

Your notice must include: your physical or electronic signature; identification of the copyrighted work claimed to be infringed; identification of the material claimed to be infringing, with sufficient detail for us to locate it; your contact information; a good-faith statement that use of the material isn’t authorized; and a statement, under penalty of perjury, that the information is accurate and that you’re authorized to act for the rights holder.

(b) Repeat Infringer Policy.

If your content is removed in response to a DMCA takedown notice on multiple occasions, your account may be deemed a repeat infringer account under the DMCA. A “repeat infringer” is a user who receives more than one valid and uncontested copyright infringement notice, or who EyeTell determines has engaged in repeated infringing activity. EyeTell may consider a variety of factors when determining whether a user is a repeat infringer, including the number and nature of notices received, the time between notices, and any patterns of infringing behavior. EyeTell’s repeat-infringer policy does not require any particular number of notices or a specific timeframe. EyeTell reserves the right to terminate accounts at any time if we determine, in our discretion, that a user has repeatedly infringed copyrights or poses a risk of continued infringement. Nothing in this policy limits EyeTell’s ability to take action sooner where appropriate, including immediate account termination for egregious or intentional infringement.

14. Links and Third-Party Services

Sometimes EyeTell connects to the wider web, but we are not responsible for it.

Certain features and functionalities within the Services and Software may allow you and your Authorized Users to interface or interact with, access and/or use compatible third-party services, products, technology, and content (collectively, “Third-Party Services”) through the Services and Software. EyeTell does not provide any aspect of the Third-Party Services and is not responsible for any compatibility issues, errors or bugs in the Services and Software or Third-Party Services caused in whole or in part by the Third-Party Services or any update or upgrade thereto. You are solely responsible for maintaining the Third-Party Services and obtaining any associated licenses and consents necessary for you and your Authorized Users to use the Third-Party Services in connection with the Services and Software. EyeTell is not responsible for acts or omissions of any Third-Party Services whose technology or APIs are integrated into the Services and Software, and any disputes with such providers must be resolved directly with them.

15. Account Suspension and Termination

You’re free to leave anytime. We may step in if there’s serious or repeated misuse, but we’ll always try to be transparent.

(a) Your Right to Leave. You can stop using EyeTell at any time. To delete your account, email [email protected] with your request. You may first download or back up your data before closure, where supported by our tools. Account deletion remains subject to Section 9(d) and our retention, backup, fraud-prevention, security, transaction, and legal-compliance needs.

(b) Our Right to Suspend or Terminate. EyeTell may suspend or terminate your account or access to all or part of the Services and Software if:

you materially or repeatedly breach these Terms or our policies (including the strike system described in Sections 11 and 12);
we’re required by law or a court order to do so; or
your conduct creates (or could create) liability or harm for EyeTell, users, or third parties.

We’ll give you a notice describing the reason for suspension or termination unless we reasonably believe doing so would: violate the law or a legal authority’s instruction; compromise an investigation; threaten the security or integrity of the Services and Software; or risk harm to other users or EyeTell.

(c) Appeal Rights. If you think a suspension or termination was made in error, you may appeal by following the instructions in the notice or by contacting [email protected]. We review appeals promptly and in good faith.

(d) Effect of Suspension or Termination. Upon any termination, discontinuation or cancellation of the Services and Software or your account, the following Sections will survive: 8(b), 9, 10, 12-14, 15(d), and 16-22. If your account is terminated, certain parts of the Services and Software may still be accessible in limited “view-only” mode where public content remains available. These Terms continue to apply to any remaining access or content. All rights and licenses you granted to EyeTell survive only as needed to comply with legal obligations, preserve backup data, or enforce these Terms. EyeTell is not liable for any loss of access, data, or content following lawful termination or suspension.

16. Warranty Disclaimers

We do our best, but we can’t promise EyeTell will be flawless or that AI tools will always be 100% accurate.

THE SERVICES AND SOFTWARE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services and Software will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, legality, non-infringement, completeness or reliability of any information or content, or Output on the Services and Software.

You understand that use of AI-assisted or automated tools can sometimes produce unexpected, incomplete, or inaccurate results. You should review all outputs carefully and apply your own judgment before relying on them for business, medical, legal, or safety-critical purposes.

Some jurisdictions don’t allow disclaimers of certain warranties; in those cases, this section applies only to the maximum extent allowed.

17. Indemnity

If your actions cause EyeTell legal trouble, you’ll cover it.

You will indemnify and hold EyeTell and its officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Services and Software, (b) your User Content, or (c) your violation of these Terms.

We may, at our own expense, assume exclusive defense and control of any matter otherwise subject to indemnification, in which case you’ll cooperate with us in asserting available defenses.

18. Limitation of Liability

Our responsibility has limits.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER EYETELL NOR ITS PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES AND SOFTWARE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES AND SOFTWARE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT EYETELL OR ITS PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL EYETELL’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES AND SOFTWARE EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO EYETELL FOR USE OF THE SERVICES AND SOFTWARE DURING THE PRIOR TWELVE-MONTH PERIOD, OR ONE HUNDRED DOLLARS ($100) IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO EYETELL, AS APPLICABLE.

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN EYETELL AND YOU.

EYETELL IS NOT LIABLE FOR DELAYS OR FAILURES CAUSED BY EVENTS BEYOND ITS REASONABLE CONTROL, INCLUDING INTERNET OUTAGES, THIRD-PARTY SERVICE INTERRUPTIONS, OR NATURAL DISASTERS.

19. Governing Law and Venue

EyeTell is a Delaware corporation, so Delaware law applies to this agreement.

These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of Delaware, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 20 (“Dispute Resolution for Individuals”) or Section 21 (“Dispute Resolution for Entities”) (as applicable), the exclusive jurisdiction for all Disputes (defined below) that you and EyeTell are not required to arbitrate will be the state and federal courts located in San Mateo, California, and you and EyeTell each waive any objection to jurisdiction and venue in such courts.

20. Dispute Resolution for Individuals

We’d rather work out disagreements, but if we can’t, arbitration is our path for most disputes, not court.

If you are an individual who uses the Services and Software for yourself and not on behalf of an organization or entity, disputes with EyeTell shall be resolved as set forth in this Section 20.

(a) Mandatory Arbitration of Disputes. We each agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Services and Software (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and EyeTell agree that the US Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and EyeTell are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.

(b) Exceptions. As limited exceptions to Section 20(a) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.

(c) Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Consumer Rules”) then in effect, except as modified by these Terms. The AAA Rules are available atwww.adr.org. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Consumer Rules. The arbitration will be conducted using remote conferencing technology (e.g., by videoconference), in person in San Mateo, CA, United States or at some other location that we both agree to. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability, and scope of this arbitration agreement.

(d) Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. If you prevail in arbitration, you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.

(e) Class Action Waiver. YOU AND EYETELL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.

(f) Public Injunctive Relief. Any request for such relief (injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public) must be litigated in a civil court of competent jurisdiction and not in arbitration. Litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.

21. Dispute Resolution for Entities

Companies resolve disputes through business-to-business arbitration.

If you are accessing and using the Services and Software on behalf of a company or other legal entity, any Dispute will be resolved exclusively according to the process set forth in this Section 21 and Section 19 (Governing Law and Venue), and, to the extent applicable, the class action waiver in Section 20(e); except that, to the extent legally permitted, (a) each party will be responsible for their own filing, administrative, arbitrative and similar fees, (b) the losing party will pay the prevailing party for all costs and attorney’s fees, and (c) the AAA Commercial Arbitration Rules will apply to any arbitration between us.

22. General Terms

This is the fine print that keeps everything consistent and enforceable.

(a) Reservation of Rights. EyeTell and its licensors exclusively own all right, title and interest in and to the Services and Software, including all associated intellectual property rights, technology, names, trademarks, and content we make available (excluding User Content). The Services and Software are protected by US and international copyright, trademark, and other laws. You acknowledge that you receive only a limited right to use the Services and Software as granted by these Terms. You agree not to remove, alter, or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services and Software.

(b) Assignment. Except where provided by applicable law in your jurisdiction, you may not assign or transfer these Terms, by operation of law or otherwise, without EyeTell’s prior written consent. Any attempt by you to assign or transfer these Terms absent our consent or your statutory right, without such consent, will be null. EyeTell may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

(c) Notices. Any notices or other communications provided by EyeTell under these Terms will be given: (a) via email (as referenced in Section 23 below); or (b) by posting to the Services and Software. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

(d) Waiver and Severability. EyeTell’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of EyeTell. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.

(e) Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between EyeTell and you regarding the Services and Software, and these Terms supersede and replace all prior oral or written understandings or agreements between EyeTell and you regarding the Services and Software.

23. Contact Information

Questions, feedback, or issues? We’re here for you.

If you have any questions about these Terms or the Services and Software, please contact EyeTell at:

Email: [email protected]

DMCA: [email protected]

Final Word

EyeTell is built on trust between creators and the platform. You own your vision and we provide the tools and safeguards. Thanks for helping make this a platform where innovation, respect, and imagination thrive.