Terms of service.

Welcome to Eye and Seek website at www.eyeandseek.com and www.eyeandseek.ai. These Terms of Service (the “Terms”) constitute a legal agreement between you and Eye and Seek LLC governing the use of our Services and Application Programming Interface (API) (collectively the “Service(s)”). If you do not agree to the terms of this agreement, we will not license use of our services and API to you and you must not use our services.

Terms of use

The provisions set out in these Terms govern your access to and your use of our services and shall constitute a legally binding agreement between you and us. We may change such terms from time to time and shall notify you accordingly if we do. If you do not agree to such terms, you must not use our service.
Subject to you agreeing to abide by these Terms, we hereby grant to you a revocable, non-exclusive, and non-transferable license to use our Service on these Terms.
By registering for an Account, which involves providing us with certain mandatory and voluntary information as required for a successful registration and using our Service, you agree and acknowledge that:

you have read the terms set out in these Terms and agree to be bound by and comply with them; and
you shall ensure that all Users of your Account abide by these Terms.

You are responsible for maintaining the confidentiality of your Account and you are responsible for all activities that occur under your Account. You agree that all actions carried out by any person through your Account shall be deemed to be an act carried out by you, and you shall ensure that all persons who have access to and use your Account are authorized to do so. We are not responsible for any loss, damage or liabilities arising as a result of or in connection with the wrongful, fraudulent or illegal use of your Account.
We reserve the right to, without any notice, explanation or liability and in our sole discretion, refuse to allow you or suspend your access to our Service or your Account at any time, or remove or edit content on our Service or on any of our affiliated websites.
We reserve the right to change, modify, suspend or discontinue any portion of the Services, our Service or any other products, services, affiliated websites (including social media pages) and/or other software provided by us in connection with any of the foregoing at any time. You agree that access to or operation of any of the foregoing may from time to time be interrupted or encounter technical difficulties.
Save to the extent permitted by us in writing, you are not permitted to use, or submit any content to, our Service or any of our affiliated websites to advertise, promote or market any products or services of any third party or yourself.
The following additional terms also apply to your use of our Service and form part of these Terms:

Our Terms and Conditions;
Our Copyright Notice;
Our Refund Policy;
Our Privacy Policy; and
Our Cookie Policy.

Services of Eye and Seek

Eye and Seek provides you with access to the Service within the term and scope of this Agreement, including the Service Specification.
Eye and Seek will store Content or Processed Content on its servers. Content or Processed Content will be perpetually stored on Eye and Seek’s servers and not returned to you. For the avoidance of doubt, Eye and Seek shall also be entitled to create and retain access logs for billing, security and statistical purposes. Such access logs may contain meta data of API Requests such as time of the API Request and size of the transmitted Content.
Eye and Seek reserves the right to add additional features to the services at any time. Furthermore, Eye and Seek may change, limit or remove existing features for reasons of data security, technical necessities or due to changes in applicable law.
Eye and Seek is entitled to subcontract third parties to fulfill its contractual duties in whole or in part.
The Service allows you to use the technical infrastructure for machine translation operated by Eye and Seek by means of transmitting Content to the technical infrastructure.
Eye and Seek is neither obligated to ensure nor warrants correctness or accuracy of API Responses or Processed Content. In particular, Eye and Seek does not give any guarantee regarding the correctness of the translations created by the machine translation system.
Particularly in view of the on-going development of the Service, Eye and Seek may introduce new versions of the Service with an additional or different range of features. Furthermore, Eye and Seek may terminate deprecated versions of the Service. Eye and Seek shall inform Customer of such termination in writing (e-mail sufficient) at least 4 weeks before the termination becomes effective. Eye and Seek will inform Customer of updates of the Service via e-mail.

Fees, Payments and Refunds

We provide paid services on per account basis. You are required to pre purchase Tokens and redeem such Tokens when using the Services as set out on the website when using the services.
Tokens have no cash value or any other value and are not redeemable for cash. For avoidance of doubt, the Tokens do not operate or serve as stored value facilities in any way. You may not transfer, trade, gift or otherwise exchange Tokens.
All charges for the Tokens are posted on the Website, or otherwise set forth in the Agreement. You agree to pay for paid services according to these Terms. Tokens purchased by you are non-refundable.
As long as you’re using paid services, you’ll provide Eye and Seek’s third party payment processor (Stripe) with valid credit card information and authorize us to deduct the charges against that credit card. You’ll replace the information for any credit card that expires with information for a different valid credit card. Anyone using a credit card represents and warrants that he or she is authorized to use that credit card, and that any and all charges may be billed to that credit card and won’t be rejected.
We may introduce new or cancel existing paid services and features at any time and change pricing from time to time. You will be informed about any of the changes at least one month in advance via email and/or on our website.
All payments shall be made by using the payment methods specified by us from time to time. You acknowledge and agree that you are subject to the applicable user agreement of any third-party payment methods. We shall not be liable for any failure, disruption, or error in connection with your chosen payment method. We reserve the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason.
You are responsible for any taxes imposed on the Services except in cases where legislation requires us to collect the taxes.
Reselling of the Services to third parties is permitted only if you sign a specific agreement with Eye and Seek.
Any Fees due in relation to your Account must be paid by their due date for payment, as notified to you through our Service or otherwise. Failure to make timely payment of the Fees may result in the suspension or termination of your access to your Account and/or our Service or any of the Services.
Our Fees may be amended from time to time at our discretion. We will provide you reasonably advanced written notice of any amendment of recurring Fees. Your continued use of a recurring subscription will constitute acceptance of the amended Fees.
Unless otherwise notified in writing by us, termination of your Account for any reason whatsoever shall not entitle you to any refund of the Tokens.

Content and Processed Content

We are under no obligation to verify the accuracy of the Content and Processed Content, and we do not warrant the usefulness, accuracy, completeness, or relevance of the Content and Processed Content and/or that such Content and Processed Content is current.
We expressly exclude any and all liability for errors or omissions in relation to the Content and Processed Content and the Services. An exception to this is where there has been an act of fraud or fraudulent misrepresentation on our part or is related to death or physical injury resulting from our negligence.

Nonexclusive license

Eye and Seek grants you a limited, revocable, non-exclusive, non-sub-licensable license to install, copy and use the Service solely as necessary for you to use the Service; and
you will not (and You will not allow any third party to)
copy, modify, adapt, translate or otherwise create derivative works of the Service;
reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Service, except as expressly permitted by the law in effect in the jurisdiction in which you are located;
rent, lease, sell, assign or otherwise transfer rights in or to the Service;
remove any proprietary notices or labels placed by the Service;
use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service.

Contribution license

By posting your Contributions to any part of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Content for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Content, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights, or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Service.
You are solely responsible for your Contributions to the Service, and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion,

to edit, redact, or otherwise change any Contributions;
to re-categorize any Contributions to place them in more appropriate locations on the Service; and
to pre-screen or delete any Contributions at any time and for any reason, without notice.

We have no obligation to monitor your Contributions.
Nothing contained in this Agreement shall be construed to create an entitlement to any share of, payment of, or other form of compensation in, any income or revenues generated ,including but not limited to advertising, search, promotions, sponsorship, usage, statistics, data analysis, partnerships, by Eye and Seek through Eye and Seek`s use, promotion or any commercial exploitation whatsoever of the by you uploaded content, materials, submissions, in any form or form, media, or technology now known or hereafter developed.

Uploading content to our Service

You irrevocably and unconditionally represent and warrant that any of your content uploaded to our Service complies with Our Terms and Conditions;

Our Copyright Notice;
Our Refund Policy;
Our Privacy Policy;
Our Cookie Policy; and
any other applicable laws.

You are fully responsible for your content uploaded to our Service. We will not be responsible, or liable to any third party, for:
the content or accuracy of any content or data uploaded by you, by us on your behalf, or any other user of our Service; or
the loss of any content or data (whether in physical or digital form) provided to us by you. You should keep a record of all such content and data.
We will only use the content uploaded by you for the purposes of carrying out the Services, carrying out our obligations in this Agreement and any other purpose expressly set out in this Agreement or otherwise agreed between us. We will not otherwise disclose or distribute the content uploaded by you, save for when required by law, a court of competent jurisdiction or any governmental or regulatory authority.
We may use the content uploaded by you for the purpose of data analytics or to implement artificial intelligence or machine learning. Any such content shall be anonymized and used only for the purposes of improving the Services and our response to users of the Service.
We have the right to disclose your identity to any third party claiming that any content posted or uploaded by you to our Service constitutes a violation of their rights under applicable law.

Restrictions

Except as expressly set out in this Agreement or as permitted by any applicable law, you undertake:

not to reproduce, copy, modify, adapt, translate, publish, display, communicate, transmit, sell, exploit or use the whole or any part of any Service, our Service or any of the contents therein for any commercial or other purposes;
not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the source code of our Service nor attempt to do any such thing, or to reproduce, display or otherwise provide access to the Services, our Service or any of the contents therein, including but not limited to framing, mirroring, linking, spidering, scraping or any other technological means;
not to provide or otherwise make available our Service in whole or in part (including but not limited to program listings, object and source program listings, object code and source code), in any form to any person without prior written consent from us;
to include our copyright notice on all entire and partial copies you make of our Service on any medium;
to comply with all applicable technology control or export laws and regulations; and
not to disrupt, disable, or otherwise impair the proper working of the Services, our Service or our servers, such as through hacking, cyber-attacks (including but not limited to denial-of-service attacks), tampering or reprogramming.

You may use our Service only for lawful purposes. You may not use our Service:

in any way that breaches any applicable local or international laws or regulations;
in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
to send, knowingly receive, upload, download, use or re-use any material which does not comply with our prevailing terms as amended from time to time; and
to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

not to reproduce, duplicate, copy or re-sell any part of our Service in contravention of the provisions of our Terms; and
not to access without authority, interfere with, damage or disrupt:
any part of our Service;
any equipment or network on which our Service is stored;
any software used in the provision of our Service; or
any equipment or network or software owned or used by any third party.

You must not:

infringe any intellectual property right of any other person;
be made in breach of any legal duty owed to a third party, such as a contractual duty, a duty of confidence or any duty arising under law;
contain any material which is defamatory of any person, obscene, offensive, or inflammatory or promotes any illegal activity, discrimination, violence, or ill-will and hostility;
be threatening or abusive, invade another’s privacy, or cause or be likely to cause annoyance, alarm, inconvenience or needless anxiety to any other person;
be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
give the impression that they emanate from us, if this is not the case; or
advocate, promote or assist any unlawful act or otherwise contain any material which is criminal in nature.

Intellectual property rights

You acknowledge that all intellectual property rights in our Service anywhere in the world belong to us, that rights in our Service are licensed (not sold) to you, and that you have no rights in, or to, our Service other than the right to use them in accordance with these Terms.
Any intellectual property rights in content uploaded by you to our Service shall continue to belong to you or their respective owners. You agree that you grant us a royalty-free and non-exclusive license to use, reproduce, publish and display such intellectual property rights for the purposes of performing the Services, promotional purposes, internal administrative purposes and any other purposes set out in these Terms, including for the purpose of improving the Services and our responses to users of the Service.
You acknowledge that you have no right to have access to our Service in source code form.
You must not modify the paper or digital copies of any materials you have printed off or downloaded from our Service in any way and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our Service must always be acknowledged.
You must not use any part of the content on our Service for commercial purposes not specified on our Service without obtaining a license to do so from us or our licensors.
If you print off, copy, or download any content on our Service in breach of this Agreement, your right to use our Service will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Suspension and Termination

We will determine, in our discretion, whether there has been a breach of this agreement through your use of our Service. When a breach of this agreement has occurred, we may take such action as we deem appropriate.
Failure to comply with this acceptable use policy constitutes a material breach of this agreement upon which you are permitted to use our Service, and may result in our taking all or any of the following actions:

immediate temporary or permanent withdrawal of your right to use our Service;
issuance of a warning to you;
legal proceedings against you for reimbursement of all costs on an indemnity basis (including but not limited to reasonable administrative and legal costs) resulting from the breach;
further legal action against you; and/or
disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

Warranties

While we make all efforts to maintain the accuracy of the information on our Service, we provide the Services, Service and all Related Content on an “as is” and “as available” basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of any of the foregoing, unless otherwise specified in writing.
To the full extent permissible by law, we disclaim all warranties, express or implied, relating to our Service or any Services, including but not limited to implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Services, our Service, the Related Content, or electronic communications sent by us are free of viruses or other harmful components.
The Service is intended to provide general information and entertainment only and, as such, should not be considered as a substitute for advice covering any specific situation. You should seek appropriate advice before taking or refraining from taking any action in reliance on any information contained in the Service.
The information provided on the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

Limitation of Liability

We are not liable for the completeness, accuracy or correctness of any information uploaded on our Service and any Related Content. You expressly agree that your use of the Services and our Service, including reliance on any translation, is for educational and entertainment use only and at your sole risk.
You agree not to use the Services, our Service, and the Related Content for any re-sale purposes, and we have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms (including but not limited to the use of, or inability to use, the Services, our Service or any other website or software) for:

loss of profits, sales, business, or revenue;
business interruption;
loss of anticipated savings;
loss or corruption of data or information;
loss of business opportunity, goodwill or reputation; or
any other indirect or consequential loss or damage.

Nothing in these Terms shall limit or exclude our liability for:

death or personal injury resulting from our negligence;
fraud; and/or
any other matter in respect of which we are prohibited under applicable law from limiting or excluding our liability.

Our Service is not intended to serve a record-keeping function and we shall not be liable for any loss of data or content.
These Terms set out the full extent of our obligations and liabilities in respect of the supply of the Services and our Service. Except as expressly stated in these Terms, there are no conditions, warranties, representations, or other terms, express or implied, that are binding on us. Any condition, warranty, representation, or other term concerning the supply of the Services and our Service which might otherwise be implied into, or incorporated in, these Terms whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.

Indemnity

You agree to indemnify and hold us, our related corporations, and our respective directors, officers, employees, agents and representatives, independent contractors, licensees, successors and assigns harmless from and against all claims, losses, expenses, damages and costs (including but not limited to direct, incidental, consequential, exemplary and indirect damages), and reasonable legal fees, resulting from or arising out of your act, default or omission, whether in your use of our Service, Services, and/or any websites or software in relation thereto or otherwise, and whether in respect of your breach of these Terms or any laws or regulations or otherwise.

Other important terms

We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or obligations under these Terms.
You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
No joint venture, partnership or agency or employment relationship has arisen by reason of these Terms.
These Terms and any document expressly referred to in it constitutes the entire agreement between us regarding their subject matter, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations, and understandings between us, whether written or oral, relating to that subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance, or warranty (whether made innocently or negligently) that is not set out in these Terms, or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms or any document expressly referred to in it.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
These Terms, its subject matter and its formation, and any other disputes or claims in connection therewith, are governed by California law. In the event of any such disputes or claims in connection with these Terms, you agree to first engage in good faith discussions with us to resolve such dispute or claim. If such dispute or claim is not resolved within sixty (60) days, we both irrevocably submit to the exclusive jurisdiction of the courts of California.

Terms and Conditions.

This agreement applies as between you, the User of this website and Eye and Seek LLC, the operators(s) of this website. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the website. If you do not agree to be bound by these Terms and Conditions, you should stop using the website immediately.

Intellectual Property

All Content included on the website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Eye and Seek, our affiliates or other relevant third parties. By continuing to use the website you acknowledge that such material is protected by applicable United States and International intellectual property and other relevant laws.
You may not reproduce, copy, distribute, store or in any other fashion re-use material from the website unless otherwise indicated on the website or unless given express written permission to do so by Eye and Seek.

Links to other websites

This website may contain links to other sites. Unless expressly stated, these sites are not under the control of Eye and Seek or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this website does not imply any endorsement of the sites themselves or of those in control of them.

User Conduct

With respect to any material, you send or post to our website, you retain all of your ownership rights. However, by sending or posting material to our website, you hereby grant Eye and Seek a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the such material in connection with our website and Eye and Seek’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of our websites (and derivative works thereof) in any media formats and through any media channels.
We will fully cooperate with any law enforcement authorities or court order requiring us to disclose the identity or other details or any person posting materials to our websites in breach of this Section.

Restrictions of use, viruses, hacking and other offenses

You may not use any “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the website, or in any way reproduce or circumvent the navigational structure or presentation of the website, to interrupt or attempt to interrupt the operation of the website, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the website.
You may not attempt to gain unauthorized access to any portion or feature of the website, or any other systems or networks connected to the website, or to any of the services offered on or through the website, by hacking, password “mining” or any other illegitimate means.
You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our website, the server on which our website is stored, or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of-service attack. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any material posted on it, or on any website linked to it. In accordance with good computing practice, you are advised to virus check all materials and/or content accessed and/or downloaded from this website using commercially available, up to date virus checking software.
We reserve the right, at any time, to restrict or terminate your access to, or use of the website if you breach these Terms and Conditions or for any other reason whatsoever without notice. Termination or restricting your access or use will not waive or affect any other right or relief to which we may be entitled, at law or in equity.

Privacy

For the purposes of applicable data protection legislation, Eye and Seek will process any personal data you have provided to us in accordance with our Privacy Policy available on the Eye and Seek website or on request from Eye and Seek.
You agree that, if you have provided Eye and Seek with personal data relating to a third party (a) you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to Eye and Seek and (b) that you have brought to the attention of any such third party the Privacy Policy available on the Eye and Seek’s website or otherwise provided a copy of it to the third party. You agree to indemnify Eye and Seek in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.

Disclaimers

Eye and Seek makes no warranty or representation that the website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure, and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.
No part of this website is intended to constitute advice and the Content of this website should not be relied upon when making any decisions or taking any action of any kind.

Availability of the website

The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility, and satisfactory quality.
Eye and Seek accepts no liability for any disruption or non-availability of the website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

Our liability

Although we hope our website will be of interest to users, we accept no liability and offer no warranties or conditions in relation to our website or its content, to the fullest extent such liability can be excluded by law.
There is no limit to what we and the people who provide our services will be liable for if someone dies or is injured because of our negligence or because we have committed fraud.
Under no circumstances will we, the owner or operator of our website, or any other organization involved in creating, producing, maintaining or distributing our website be liable, whether in contract, tort (including negligence), breach of a statutory duty, even if foreseeable, for any loss of:

profits, sales, business, or revenue;
business interruption;
anticipated savings;
business opportunity, goodwill or reputation;
use of, or corruption to information; or
information.

If we do not keep to these conditions, then we will only be liable for losses you have suffered as a direct result. We are not liable to you for any other losses whether such losses are because we have not kept to our obligations or contract, because of something we have done or not done in negligence, due to defamatory statements or liability for a product or otherwise as a result of:

use of, or inability to use, our website;
use of or reliance on any content displayed on our website; any mistake, fault, failure to do something, missing information, or virus on our Site or if it does not work properly because of incidents outside of our control such as (but not limited to) interruptions to communication and networks and circumstances beyond our control;
theft, destruction of information or someone getting access to our records, programs or services without our permission; or
goods, products, services or information received through or advertised on any website which we link to from our website.

No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

Law and Jurisdiction

These Terms and Conditions and the relationship between you and Eye and Seek shall be governed by and construed in accordance with the Law of California and Eye and Seek and you agree to submit to the exclusive jurisdiction of the Courts of California.

Privacy Policy.

We are pleased that you are visiting our website at www.eyeandseek.com and www.eyeandseek.ai and thank you for your interest in Eye and Seek LLC ("Eye and Seek", "we" or "us"). In the following, we inform you about the handling of your personal information in accordance with the California Consumer Privacy Act (CCPA), the California Online Privacy Protection Act (CalOPPA), the General Data Protection Regulation (GDPR) when using our website.

Scope of the processing of personal data

As a matter of principle, we only collect and use personal data from you insofar as this is necessary to provide a functional website and our content and services, e.g., when you register on our website or log in to an existing customer account or when you order products. The collection and use of your personal data regularly only takes place with your consent. An exception applies in cases where prior consent is not possible for actual reasons and the processing of the data is permitted by legal regulations.

The security of your personal data is a high priority for us. We therefore protect your data stored with us by technical and organizational measures in order to effectively prevent loss or misuse by third parties. In particular, our employees who process personal data are bound to data secrecy and must comply with it. To protect your personal data, it is transmitted in encrypted form; for example, we use SSL=Secure Socket Layer for communication via your Internet browser. You can recognise this by the lock symbol that your browser displays when an SSL connection is established. In order to ensure the permanent protection of your data, the technical security measures are regularly checked and, if necessary, adapted to the state of the art. These principles also apply to companies that process and use data on our behalf and in accordance with our instructions.

Information collection when visiting our website

During the mere informational use of our website, i.e., if you do not submit content or otherwise transmit information to us, we only collect information that your browser transmits to our server (so-called "server log files"). The information is not passed on or used in any other way. However, we reserve the right to check the server log files retrospectively should concrete indications point to illegal use.

Cookies

In order to make visiting our website more attractive and to enable the use of certain functions, we use so-called cookies on various pages. These are small text files that are stored on your device. Some of the cookies we use are deleted after the end of the browser session, i.e., after you close your browser (so-called session cookies). Other cookies remain on your terminal device and enable us or our partner companies (third-party cookies) to recognize your browser on your next visit (persistent cookies). If cookies are set, they collect and process certain user information such as browser and location information and IP address values to an individual extent. Persistent cookies are automatically deleted after a specified period of time, which may vary depending on the cookie. For more information on cookies, please refer to our Cookie Policy.

Contacting us

When contacting us, personal information is collected. Which information is collected can be seen from the respective contact option. This information is stored and used exclusively for the purpose of responding to your request or for contacting you and the associated technical administration. Your information will be deleted after final processing of your request, this is the case if it can be inferred from the circumstances that the matter concerned has been conclusively clarified and provided that there are no statutory retention obligations to the contrary.

Information processing when entering into services provided by us

Personal information will continue to be collected and processed if you provide it to us for the performance of a contract. Which information is collected can be seen from the respective input forms or online forms. We store and use the information provided by you for the purpose of processing the contract. After complete execution of the contract, your information will be blocked with regard to tax and commercial law retention periods and deleted after expiration of these periods, unless you have expressly consented to a further use of your information or a legally permitted further use of information was reserved by our side, about which we inform you accordingly below.

Direct marketing

The legal basis for the processing of your personal information in the context of direct marketing measures is either your consent or our legitimate interest in marketing and promoting our courses and services. The purpose of processing your personal information in the context of direct marketing measures is to send information, offers and, if applicable, to promote sales.

Commercial and business services

We process information of our contractual and business partners, e.g., customers and interested parties in the context of contractual and comparable legal relationships as well as related measures and in the context of communication with contractual partners (or pre-contractual), e.g., to answer inquiries.

We process this information to fulfil our contractual obligations, to secure our rights and for the purposes of the administrative tasks associated with this information as well as for business organization. We only disclose the information of the contractual partners to third parties within the scope of the applicable law to the extent that this is necessary for the aforementioned purposes or for the fulfilment of legal obligations or with the consent of the contractual partners (e.g., to participating telecommunications, transport, and other auxiliary services as well as subcontractors, banks, tax and legal advisers, payment service providers or tax authorities).

Unless otherwise specified the purposes of processing are Contractual performance and service, contact requests and communication, office and organizational procedures, administration, and response to requests, visit action evaluation, interest-based and behavioral marketing. And, the Legal bases are Contractual performance and pre-contractual inquiries, Legal obligation, and our Legitimate interests.

Administration, financial accounting, office organization, contact management

We process information in the context of administrative tasks as well as organization of our operations, financial accounting, and compliance with legal obligations, such as archiving. In this regard, we process the same information that we process in the course of providing our contractual services. The deletion of information with regard to contractual services and contractual communication corresponds to the information mentioned in these processing activities.

In this context, we disclose or transfer information to the tax authorities, consultants, such as tax advisors or auditors, as well as other fee offices and payment service providers.

Furthermore, based on our business interests, we store information on suppliers, event organizers and other business partners, e.g., for the purpose of contacting them at a later date. This information, most of which is company-related, is generally stored permanently.

Information processing for the purpose of fraud prevention and optimization of our payment processes

Where applicable, we provide our service providers with further information, which they use together with the information necessary for the processing of the payment as our processors for the purpose of fraud prevention and optimization of our payment processes (e.g., invoicing, processing of contested payments, accounting support). This serves to protect our legitimate interests in our protection against fraud or in efficient payment management, which outweigh our interests in the context of a balancing of interests.

Information processing by the operator of the social media platform

The operator of the social media platform uses web tracking methods. The web tracking can also take place regardless of whether you are logged in or registered with the social media platform. As already explained, we can unfortunately hardly influence the web tracking methods of the social media platform. We cannot, for example, switch this off.

Please be aware: It cannot be ruled out that the provider of the social media platform uses your profile and behavioral information, for example to evaluate your habits, personal relationships, preferences, etc. We have no influence on this. In this respect, we have no influence on the processing of your information by the provider of the social media platform.

Duration of storage of personal information

The duration of the storage of personal information is measured on the basis of the respective statutory retention period (e.g., retention periods under commercial and tax law). After expiry of the period, the corresponding information is routinely deleted, provided that it is no longer required for the fulfillment of the contract or the initiation of the contract and/or there is no continued legitimate interest on our part in the continued storage.

How do we secure your personal information?

Eye and Seek is committed to keeping your personal information secure. We implement appropriate measures and take steps to protect personal information against loss and theft as well as unauthorized access, disclosure, copying, use, and modification using security safeguards, including physical, administrative, organizational and technological measures, appropriate for the sensitivity of your personal information.

We comply with industry standards that require safeguards for handling and securing customer information. These include using secure networks, encryption or other protection of cardholder information, physical and technical access controls, monitoring and testing of security systems, and implementation of the information security policies. Eye and Seek associates who have access to your personal information are made aware of the importance of keeping it confidential. When disposed of, the information is securely shredded, destroyed, erased, or otherwise made unreadable.

Please be aware that no security measures can guarantee complete security. You should also take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your login credentials private.

Your Rights

California Specific Rights

If you are a California resident, you have the following rights:

Right to Know and Access. You may submit a verifiable request for information regarding the: (1) categories of Personal Information we collect, use, or share; (2) purposes for which categories of Personal Information are collected or used by us; (3) categories of sources from which we collect Personal Information; and (4) specific pieces of Personal Information we have collected about you.

Right to Equal Service. We will not discriminate against you if you exercise your privacy rights.

Right to Delete. You may submit a verifiable request to close your account and we will delete Personal Information about you that we have collected.

Request that a business that sells a consumer's personal data, not sell the consumer's personal data.

If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us. We do not sell the Personal Information of our users. For more information about these rights, please contact us.

GDPR Rights

If you are a European Citizen, you have the following rights:

to confirmation as to whether data relating to them is being processed,
to information about the data processed, to further information about the data processing and to copies of the data;
to correction or completion of incorrect or incomplete data;
to immediate erasure of the data concerning them;
to receive the data concerning them and provided by them and to transfer this data to other providers/controllers.
to lodge a complaint with the supervisory authority if they are of the opinion that the data concerning them is being processed by the provider in breach of data protection provisions.

In addition, the provider is obliged to inform all recipients to whom data has been disclosed by the provider of any correction or deletion of data or restriction of processing that takes place. However, this obligation does not apply if such notification is impossible or involves a disproportionate effort. Notwithstanding this, the user has a right to information about these recipients.

Likewise, users and data subjects have the right to object to the future processing of data concerning them, insofar as the data is processed by the provider. In particular, an objection to data processing for the purpose of direct advertising is permissible.

The above rights may be limited in some circumstances, for example, if fulfilling your request would reveal personal information about another person, if you ask us to delete information which we are required to have by law, or if we have compelling legitimate interests to keep it. We will let you know if that is the case and will then only use your information for these purposes. You may also be unable to continue using our services if you want us to stop processing your personal information.

If you wish to exercise your right to object, simply send an e-mail to us.

Collection And Disclosure

During the prior 12-month period, we may have:

Collected the following categories of personal information about you:

identifiers such as a real name, alias, postal address, unique personal identifier (such as a device identifier; cookies, beacons, pixel tags, mobile ad identifiers and similar technology; customer number, unique pseudonym, or user alias; telephone number and other forms of persistent or probabilistic identifiers), online identifier, Internet Protocol address, email address, account name;
signature, bank account number, credit card number, debit card number, and other financial information;
commercial information, including records of personal property, products or services purchased, obtained, or considered, and other purchasing or consuming histories or tendencies;
Internet and other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding your interaction with websites, applications or advertisements;
geolocation data;
audio, electronic, visual, and similar information;
professional or employment-related information; and
inferences drawn from any of the information identified above to create a profile about you reflecting your preferences.

Collected personal information about you from the following categories of sources:

from you, for example, when request access or visit our offices or facilities; or through your interaction with the Service;
third parties such as your employer, company administrator or business partner, through their use of the Service;
our affiliates;
social media networks;
personal information contained in forums, blogs, and testimonials you provide or that we obtain from publicly available sources (such as social media channels);
marketing and business information enrichment sources; and
advertising networks.

Collected personal information about you for the following business or commercial purposes:

performing services, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing advertising or marketing services, providing analytics services, or providing similar services;
auditing related to a current interaction with you and concurrent transactions, including, but not limited to, counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance;
short-term, transient use, including, but not limited to, the contextual customization of ads shown as part of the same interaction;
detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity;
debugging to identify and repair errors that impair existing intended functionality;
undertaking internal research for technological development and demonstration; and
undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by us, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by us.

Disclosed for a business purpose the following categories of personal information about you:

identifiers such as a real name, alias, postal address, unique personal identifier (such as a device identifier; cookies, beacons, pixel tags, mobile ad identifiers and similar technology; customer number, unique pseudonym, or user alias; telephone number and other forms of persistent or probabilistic identifiers), online identifier, Internet Protocol address, email address, account name;
signature, bank account number, credit card number, debit card number, and other financial information;
commercial information, including records of personal property, products or services purchased, obtained, or considered, and other purchasing or consuming histories or tendencies;
Internet and other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding your interaction with websites, applications or advertisements;
geolocation data;
audio, electronic, visual, and similar information;
professional or employment-related information; and
inferences drawn from any of the information identified above to create a profile about you reflecting your preferences.

Shared your personal information for the business purposes described above with the following categories of third parties:

our affiliates and subsidiaries;
vendors who provide services on our behalf;
persons connected to your business, such as your employer, company administrator or business partner;
our customers and partners, to inform them about their users’ use of our services;
our joint marketing partners, sales partners and other business partners; and
third-party marketers (who may combine your personal information with their own records, and records available from other sources), for their own direct marketing purposes, and the direct marketing purposes of other third-party marketers.

Changes and updates to the privacy policy

We kindly ask you to regularly inform yourself about the content of our privacy policy. We will amend the privacy policy as soon as changes to the information processing activities we carry out make this necessary. We will inform you as soon as the changes require an act of cooperation on your part (e.g., consent) or other individual notification.

Concerns and Contact

If you have any concerns about a possible compromise of your privacy or misuse of your personal information on our part, or any other questions or comments, you can contact us.

Cookie Policy.

This Cookie Policy sets out how Eye and Seek LLC uses cookies and other digital technologies on the www.eyeandseek.com or www.eyeandseek.ai website (hereinafter "Eye and Seek", "we", "our" or "us").

This cookie policy sits in line with the California Consumer Privacy Act (CCPA), the California Online Privacy Protection Act (CalOPPA), the General Data Protection Regulation (GDPR) and the Privacy and Electronic Communications Directive (PECD) and should be read in line with our Privacy Policy. If you have questions or comments, please contact us.

We use cookies and similar technologies to collect certain information about visitors. In this Cookie Policy we explain how we and third parties use cookies while you are browsing our website, including subpages, or other features (generally referred to in this policy as the "website").

What are cookies?

Like most websites you visit, our website uses cookies and other similar technologies described below (commonly referred to as "cookies"). Cookies are text files embedded in a website that contain small amounts of information that is downloaded to your device or embedded in a website when you visit it. Cookies can then be sent back to the original website or to another website that recognizes that cookie on each subsequent visit.

Cookies are useful because they allow a website to recognise a user's device and remember your actions and settings (such as login details, language, font size and other display settings) over a period of time.

Where possible, security measures are taken to prevent unauthorized access to our cookies and similar technologies. A unique identifier ensures that only we and/or our authorised service providers have access to cookie data.

Web Beacons

Web beacons (also known as internet tags, pixel tags and clear GIFs) are usually transparent graphics placed on a website or email. Web beacons are used in combination with cookies to obtain information about our visitors' interactions, track the visitor's journey on our website, create segment categories and behavioral patterns, or serve targeted advertisements. We (or the third parties we use) use beacons to obtain information such as the IP address of the computer that downloaded the page on which the beacon is displayed, the URL of the page on which the beacon is displayed, the time the page containing the beacon was viewed and the type of browser used to view the page.

IP address to determine the broader physical location

We (or the third parties we use) only use the redacted portion of the IP address to determine the broader physical location of the device, so we cannot identify your exact location. This helps us understand which geographic regions our website visitors are coming from in order to change the way we present our website to you, enrich your visit or customize our marketing content. If we wish to collect your precise location data for our promotional purposes, we will obtain your consent to do so.

Device ID

Device ID are unique numbers assigned to a smartphone or similar handheld device from which the internet can be accessed. We use Device ID for the same purposes for which we use cookies, as described in this policy.

Device fingerprint

Device fingerprinting can combine certain attributes of a device, such as the operating system, type and version of browser used, language settings and IP addresses, etc., which are used together to identify unique devices. Where fingerprints are used, we use them for the same purposes for which we use cookies.

How we use cookies?

We use different types of cookies on our website for different purposes as set out below. Some of these cookies are placed by us and others by third parties (e.g., social media platform and analytics providers etc.).

Necessary cookies - These cookies are required for the operation of our website to enable core website functions, ensure website security, and enable network management. They are sometimes referred to as "strictly necessary" or "essential" cookies. Without these cookies, a website cannot function properly. These include, for example, cookies that allow us to remember your preferences for agreeing to cookies and to balance network load. You can log in to secure areas of our website and access user accounts or online forms.

Functional and Analytical Cookies - These cookies are either functional or analytical. They are used to improve functionality, enhance and personalize the browsing experience and analyze website traffic and usage.

Analytical cookies allow us to recognise and count the number of visitors and see how visitors use our website. They help us understand and measure how you interact with our website, allow us to collect statistics about our website visitors to better understand them and improve the way our website works, for example by ensuring that users can easily find what they are looking for. Analytical cookies also allow us to test new website content, features or interactions to improve the website experience and appearance for everyone.

Functional cookies are used to improve what you can do on our website. Examples of this include helping us to deliver a better and more personalized user experience for you, testing and delivering the best website design, layout and content, and remembering the choices you make between sessions. This allows us to improve and personalize our content for you, greet you by name and remember your preferences.

In addition, certain third-party cookies are required to enable some functionality embedded on the website. These third-party cookies are only placed when you interact with certain functionality on the website.

Consent

If consent is required in your country, you will be notified on our website to which this applies that the third party in question is placing cookies on your device and that by clicking on the functionality offered you are indicating that you consent to the setting of cookies by that third party. If you do not allow these cookies, you may not be able to use the functionality.

These cookies cannot be managed through our Cookie Consent Portal, but they can be disabled and deleted through your browser settings as explained below.

How can you control cookies?

Opt-In Model: Where permitted by law, we set cookies after receiving your consent via the cookie banner you see when you first use our website or via our cookie consent portal which is permanently available on the website or via your browser settings (see below for more details). Please note that certain functionality embedded on the website requires third parties to set cookies in order to function. These cookies are only set when you interact with the functionality. At each point on our website where this applies, you will be notified that cookies are being placed on your device by the relevant third party and that by clicking on the specified functionality you consent to the setting of cookies by that third party.

Your browser: You can change your cookie settings by changing your browser settings. Most web browsers accept cookies. However, you can usually change your web browser settings to reject new cookies, disable existing ones or simply notify you when new cookies are sent to your device. To do this, follow the instructions in your browser (usually in the "Help", "Tools" "Settings" or "Edit" settings). Below you will find general instructions on how to manage cookies for the most popular browsers: Google Chrome, Microsoft Internet Explorer and Edge, Mozilla Firefox, Apple Safari, Opera Web. Furthermore, certain third-party providers have additional opt-out browser extensions that you can activate in your browser. For information on this, see Google's browser extensions to Google Analytics https://tools.google.com/dlpage/gaoptout/.

Your mobile phone: you can change the "Opt-In" or "Opt-Out" settings if you receive personalized interest-based advertising on your mobile phone or similar device, usually in the "Settings" menu. (For example: In iOS: Visit Settings - Privacy - Advertising - Restrict ad tracking. Similarly, in Android: visit Settings - Google - Ads - Disable interest-based ads).

Please note that the deactivations described above only apply to the specific browser or device from which you opt out. Therefore, you must disable all browsers and devices separately.

Furthermore, deactivating a cookie or a category of cookies does not delete the cookie from your device. You must delete it from your browser yourself. Please note that if you decide to delete all cookies, your "opt-out cookie" will also be deleted. You will need to opt-out again if you still do not wish to receive certain categories of cookies.

You can visit http://www.attacat.co.uk/resources/cookies/how-to-ban or the NAI website FAQ - NAI: Network Advertising Initiative (thenai.org) for more information on managing cookies.

Lifetime of Cookies

Cookies have a lifetime. Some cookies are deleted when you close your browser. Others (for example, those with login details) can remain on your computer for years if you do not delete them. You can delete cookies at any time. Click on one of the links below to go to your browser's user manual. After deleting cookies, you may need to log in again to some websites or specify your preferences.

What cookies does Eye and Seek use?

First party and third-party cookies commonly used on the Sites are listed in the table below. We strive to keep this list current and will update it accordingly. In any case, you can always manage all cookies and other tracking technologies used on the Website.

Updates

We update our cookie policy from time to time. Check back regularly to stay aware of the latest version.

Questions?

For more information about cookies, please contact us. If you would like to know more about how we use personal data in general, please read our privacy policy.

Terms of service.

Eye and Seek LLC © 2023