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Smart Eye Technology – Terms of Service

Effective Date: July 1st 2019

These terms and conditions (“Terms of Service”) set out the terms and conditions of Smart Eye Technology Inc. (the “Company,” “we,” “us,” or “our”) governing your use of our Sites, Product and Service (all as defined in our Privacy Statement and Notice of Privacy Practices – the “Privacy Policy”). Together, the Sites, Product and Service comprise the “System.” PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE YOU USE THE SITES OR DOWNLOAD, INSTALL, OR USE THE PRODUCT OR SERVICE. If you or your employer has signed a service contract between you and the Company (“Service Contract”) the terms and conditions of your Service Contract apply in relation to your use of the System. Otherwise these Terms of Service apply.

By using the Sites, or by downloading, installing, or using the Product or Service, you indicate that you agree to comply with these Terms of Service. If you do not agree with any of these Terms of Service, do not use the System.

Smart Eye Technology, Inc. may update these Terms of Service from time to time. Your continued use of the System indicates your acceptance of any modifications to these Terms of Service. Should you not agree with the update we made, you must stop using the System

Limited License

You may use the System, including downloading, installing and using the Product and Service, solely for document security purposes, and only if you have been authorized by us or a Service Contract holder to send and receive documents via the Service. Your right to use the System is subject to these Terms of Service, and is non-exclusive, not-transferable, and revocable at any time by the relevant Service Contract holder or the Company. You may not use the System or the Proprietary Material for any purpose not expressly permitted in these Terms of Service.

Proprietary and copyright protected information

All material and parts of the System, including without limitation (a) technology, designs, methods, ideas, concepts, know-how, techniques, (b) software, computer code, architecture, hidden text and symbols, user interfaces, look and feel, visual interfaces, layout, design, arrangements, structure, selection, coordination, and expression, and (c) text, images, photographs, graphics, sounds, music, artwork, reports, research, guidelines, information, data, articles, descriptions, instructions, advice, documents, and other works of authorship, (collectively the “Proprietary Material”) is the proprietary information of Company and its licensors, and Company and its licensors retain all right, title, and interest in and to the Proprietary Material now and in the future. The System, including all Proprietary Material, is protected by trade secret, copyright, patent and trademark laws, and various other U.S. and international laws and treaties.

You agree to comply with all applicable laws worldwide in your use of this System, and agree that the System and Proprietary Material may not be copied, distributed, republished, altered, reverse engineered, uploaded, posted, publicly displayed, encoded, translated, or transmitted in any way, in whole or in part, without the prior written consent of Company. If Company grants written consent, you may not remove or alter any patent, copyright, trademark or other proprietary notice appearing on any of the Proprietary Material. You may not use any deep-link, page-scrape, robot, spider or other device, program, algorithm or methodology, or any similar process, to access or copy any portion of the System or Proprietary Material. No intellectual property rights are transferred to you by access to the System or otherwise.

You may not co-brand, frame or mirror the System or any Proprietary Material.

Limitation of Liability

You agree to release Company and all their officers, employees, agents, owners, affiliates and subsidiaries, whether direct or indirect (hereafter “Released Parties”) from any and all liability for any losses or damages that:

(i) were not foreseeable when the contract was formed, except if the loss is due to our intentional fault or gross misconduct; or

(ii) were not caused by any legal or contractual breach on our part; or

(iii) are consequential or indirect losses; or

(iv) result from a force majeure event.

THE AGGREGATE LIABILITY OF COMPANY TO YOU AND OTHER USERS OF THE SYSTEM WITH WHOM YOU SHARE DOCUMENTS VIA THE SYSTEM FOR ANY AND ALL CLAIMS IN CONNECTION WITH THE SYSTEM SHALL BE LIMITED TO THE AMOUNT PAID BY THE SERVICE CONTRACT HOLDER AMONG SUCH USERS TO COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

You agree to indemnify and hold the Released Parties harmless from and against any demand, loss, liability, claim or expense (including attorneys’ fees), made against them by any third party which arises out of or is in any way connected with your use of the System, the Proprietary Material, or any linked website.

Trademarks

SMART EYE TECHNOLOGY and TECHNOLOGY FOR YOUR EYES ONLY are trademarks of the Company. Other trademarks, service marks, and logos appearing in the System are the property of Company or its licensors. Company and its licensors retain all rights with respect thereto. Nothing relating to the System shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, service mark or logo displayed on the System, and you may not use any metatags / meta elements or other hidden text or code utilizing any such marks.

Links

The System may include links to third party websites or resources. Company makes no claim or representation regarding, and shall not have any responsibility or liability for, the reliability, quality, content, nature or accuracy of such third party websites or resources. Company does not review or endorse any of the third party websites linked to the System.

Privacy

Company’s Privacy Policy applies to use of the System, and its terms are made a part of these Terms of Service by this reference. Company will treat any personal or biometric information that you submit through the System in accordance with the Privacy Policy. To view the Privacy and Cookies Policy, click here. Additionally, by agreeing to these Terms of Service, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any document, message or information you send via the System may be read or intercepted by others. Notwithstanding the above, the Company shall implement appropriate technical measures to ensure a level of security that meets generally accepted industry standards, in compliance with applicable laws or regulations.

Availability of System

Company will use commercially reasonable efforts to maintain availability of the System 99.5% of the time as measured on a monthly basis, excluding unavailability as a result of:

  • a Service Contract holder using its own cloud storage provider in connection with the System;
  • a user of the System failing to comply with these Terms of Service or their Service Contract, as relevant;
  • a user of the System’s lack of internet connectivity;
  • failure or any other problem with any software, hardware, or other material not supplied by Company or otherwise not in Company’s reasonable control;
  • an event beyond the reasonable control of Company; or

suspension or termination of the Services or any part of them as authorized in these Terms of Service.

Technical Compatibility

To access and use the complete functionality of the System, the following are the minimum required:

  • a personal computer or device with an internet connection;
  • the most recent version of iOS and Android operating system;
  • the latest version of Mac and Windows

Submissions

Except for documents sent or received by you availing yourself of the document security feature of the System, you grant to Company the royalty-free, irrevocable, worldwide, and transferable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, materials, data, remarks, suggestions, ideas, or other information communicated to Company through or about the System (collectively, the “Submission”), or any portion thereof, and to incorporate any Submission in other works, by any means or processes (downloading, displaying, execution, transmission or storage), in any form, media (including audiovisual, electronic, computer, digital, paper, optical media, as well as promotional media such as e-banners, mailings, press ads, digital or paper catalog, flyers, displays, point of sale advertising or commercial media, such as plans, drawings, presentations etc.), or technology now known or later developed, and to communicate to the public your Submissions or any derivative works (i) on the Internet (websites, social networks such as Facebook, Instagram or Twitter, or sharing platforms such as YouTube and DailyMotion, whether or not on the Company account or pages), and whatever the means for receiving the Submission and derivative works (computer, TV, tablet, mobile phone etc.), (ii) by means of broadcasting (including via hertzian canal, cable, satellite, TV), (iii) in the context of any communication or promotional operation, whether intended for professionals or consumers, in relation to the products and services of the Company, and (iv) in the context of the Company internal communications, in the whole world and in any language. These rights are granted for all the duration of the intellectual property rights on the Submissions and are granted for commercial, promotional and industrial purposes. Company will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products/services or advertising) without incurring any liability or obligation for payment, royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Company products, services, advertising, or operations.

Local Restrictions

The Proprietary Material is not intended for distribution to, or use by, any person or entity in any jurisdiction or country outside the United States of America/where such distribution or use would be contrary to law or regulation. All users accessing the System do so on their own initiative and are responsible for compliance with applicable laws and regulations. The System is not directed to any person in any jurisdiction where the publication or availability of the System is prohibited, by reason of that person's nationality, residence, age, or otherwise. Persons under these restrictions must not access the System.

Disclaimer of Warranties

COMPANY DOES NOT WARRANT THAT THE SYSTEM OR ANY CONTENT OR FEATURE OF THE SYSTEM WILL BE ERROR-FREE, VIRUS-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SYSTEM WILL PROVIDE SPECIFIC RESULTS. THE SYSTEM IS DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, COMPLETENESS, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. YOUR SOLE REMEDY AGAINST COMPANY IS TO STOP USING THE SYSTEM AND ITS CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN YOU AND COMPANY. Company does not guarantee or warrant that files available for downloading via the System will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your requirements for accuracy of data input and output, and for maintaining a means external to the System for the reconstruction of any lost data. Company does not assume any responsibility or risk for your use of the System.

User Conduct

While using the System, you agree not to:

  • upload, download or otherwise transfer or distribute any inappropriate, defamatory, infringing, pornographic, obscene, racist, terrorist, indecent or unlawful material or information.
  • in any manner reveal confidential or proprietary information of any third party for which do not have requisite and applicable right(s) under law.
  • defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of any other party.
  • upload or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
  • upload files that contain viruses, trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
  • download any file you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
  • falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • create a false identity for the purpose of misleading others.

While using the System you agree not to violate any applicable law or regulation, or access, tamper with, or use non-customer areas of the System or Company computer systems. You may not compromise System security or tamper with System accounts. The use of tools designed for hacking or compromising security (e.g., password-guessing programs, cracking tools or network probing tools) is strictly prohibited. You may not probe, scan or test the vulnerability of the System, nor breach security or authentication measures on the System. You may not reverse look-up or trace any information on any other user of or visitor to the System, or any customer of Company, or disclose any information about any such visitor or customer.

If you violate system security, Company reserves all rights available in criminal and civil law, as well as the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. Company reserves the right to investigate suspected violations of these Terms of Service by any lawful means. Company reserves the right to cooperate fully with any law enforcement authorities or court order requesting or directing it to disclose the identity of anyone violating the law or these Terms of Service. Company reserves the right, in its sole discretion, to suspend or terminate your access to the System or any part thereof for breaching any of these Terms of Service.

By accepting these Terms of Service you waive and hold harmless Company from any claims resulting from any action taken by Company during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either Company or law enforcement authorities, provided that these actions are compliant with all applicable laws or regulations.

Notice of Infringement Claims

Company respects the intellectual property of others, and we ask our users to do the same. If you believe that your intellectual property has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide us with the following information in an email to _dexter@getsmarteye.com________:

  1. The date of the notice;
  2. The name and registered address of the notice recipient;
  3. A description of the copyrighted work or other intellectual property that you claim has been infringed;
  4. A description of where the material that you claim is infringing is located on the System, with enough detail that we may find it on the System;
  5. Your name, surname, profession, address, telephone number and email address;
  6. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law, and mention of the legal provisions justifying the content to be removed;
  7. A statement by you that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner's behalf;
  8. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.

Miscellaneous Provisions

If any provision of these Terms of Service is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of Company to enforce any provision in these Terms of Service shall not constitute a waiver of such provision.

The Terms of Service comprise the entire agreement between you and Company regarding the subject matter and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. You have relied upon no representation or statement contradicting these Terms of Service in agreeing to access this System, unless in writing and signed by a duly authorized agent of Company.

The laws of the state of Georgia, USA, without regard to the choice or conflicts of law provisions of any jurisdiction, will govern any action related to these Terms of Service, the Privacy Policy or any other policy contained in the System. You agree to the personal jurisdiction of and venue in the federal courts of Fulton County, Georgia, without regard to conflict of laws provisions, and, to the extent permitted by law, you waive any objection to such jurisdiction or venue.

This System is controlled by Company from its offices within the United States of America. Company makes no representation that the System is appropriate or available for use at locations outside of the United States of America and access to it from territories where its Proprietary Material is illegal is prohibited.

You agree to be bound by any affirmation, assent or agreement you transmit by computer or other electronic device. You agree that, when you submit an order on the System or click on an “I agree,” “I consent” or other similarly worded “button” or entry field with your mouse, keystroke or other device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature. Regardless of any electronic signature, you agree that use of this System and the Proprietary Material is subject to the Terms of Service and that you are bound by the Terms of Service. You agree to all of the above terms and conditions, and you agree to hold harmless Released Parties from any and all claims resulting from your access and use of this System in breach of these Terms of Service and the products or services featured in it. When entering this System, you verify that you have read and understand all these terms and conditions without reservation and must agree to these Terms of Service