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Eye.Photo Terms of Service

Introduction

These Terms of Service ("Terms") govern your use of Eye.Photo, our website located at https://eye.photo, and any related services (collectively, the "Service") provided by Eyepic S.L. ("we," "us," or "our").

By accessing or using the Service, you agree to be bound by these Terms and to comply with all applicable laws and regulations. If you do not agree with these Terms, you are prohibited from using or accessing the Service.

We reserve the right to review and amend any of these Terms at our sole discretion. Upon doing so, we will update this page and notify you through the Service and/or the email address you provided when you created your account. Any changes to these Terms will take effect immediately from the date of publication.

These Terms were last updated on February 1, 2025.

1. Eligibility

The Service is not intended for use by individuals under the age of 13. By using the Service, you represent and warrant that you are at least 13 years of age.

If you are between the ages of 13 and 18 (or the age of legal majority in your jurisdiction), you may only use the Service under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in connection with the Service.

By accepting these Terms, you assert and warrant that:

  • You possess the authority to agree to these Terms
  • You will not breach any other agreement in which you are a participant
  • You have not been previously suspended or removed from using the Service
  • You will use the Service in compliance with all applicable laws
  • You will provide us with accurate and truthful information

2. Account Registration and Security

To access certain features of the Service, you must register for an account. When you register, you must provide accurate and complete information and keep this information updated. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to maintain adequate security of your account credentials.

3. Subscription Plans and Payments

3.1 Subscription Plans

We offer various subscription plans that allow users to process a specified number of eye photos per month. Each plan includes different features and photo processing limits. Current subscription details and pricing can be found on our website at https://eye.photo.

3.2 Payment Terms

By subscribing to a paid plan, you agree to pay all fees associated with your selected subscription plan. All payments are due in advance of the subscription period. You authorize us to charge your designated payment method for all fees related to your selected subscription plan.

3.3 Subscription Renewal

Subscriptions automatically renew at the end of each billing period unless cancelled at least 24 hours before the end of the current period. The renewal will be for the same subscription term and at the same rate unless we notify you of a rate change prior to renewal.

3.4 Overage Charges

If you exceed the photo processing limit included in your subscription plan, you will be charged for each additional photo processed at the overage rate specified for your plan. Overage fees will be billed to your payment method on file.

3.5 Cancellation and Refunds

You may cancel your subscription at any time through your account settings on the Service. If you cancel, your subscription will remain active until the end of your current billing period. We do not provide refunds for partially used subscription periods or for unused processing capacity.

3.6 Price Changes

We reserve the right to modify our subscription plans and pricing at any time. We will provide notice of any price changes at least 30 days before they take effect. Continued use of the Service after a price change constitutes acceptance of the new terms.

4. Photo Processing and Storage

4.1 Photo Upload and Processing

The Service allows you to upload eye photos for AI-powered enhancement. By uploading photos to the Service, you grant us the necessary rights to process these photos in accordance with our Privacy Policy.

4.2 Data Storage

Photos you upload, as well as the enhanced versions we create, will be stored on our servers hosted at Google Cloud. You retain ownership of your original content, but grant us a license as outlined in Section 6 below.

4.3 Customer Information Storage

The Service allows you to store information about your customers, including names, email addresses, and telephone numbers to facilitate organization and retrieval of photos. You are responsible for ensuring you have the appropriate rights and consent to store this information on our Service.

5. User Responsibilities

5.1 Acceptable Use

You agree not to use the Service to:

  • Violate any applicable laws or regulations
  • Infringe upon the rights of others
  • Upload, transmit, or distribute harmful, offensive, or illegal content
  • Attempt to gain unauthorized access to the Service or our systems
  • Interfere with or disrupt the integrity or performance of the Service
  • Engage in any activity that could harm or impair the Service

5.2 Data Compliance

If you upload customer data to the Service (including eye photos and personal information), you represent and warrant that:

  • You have obtained all necessary permissions, consents, and legal rights from the individuals whose data you are uploading
  • You have secured appropriate consent from these individuals before uploading any personal information
  • You have a legal basis for collecting and sharing this information with us
  • You have informed these individuals that their personal information and eye photos will be processed by Eye.Photo
  • You have provided these individuals with access to our Privacy Policy
  • Your own privacy policies accurately reflect how you share data with us

5.3 Compliance with Laws

You agree to comply with all applicable data protection and privacy laws when using the Service, including but not limited to the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA) where applicable.

6. Intellectual Property Rights

6.1 Our Intellectual Property

The Service, including all of its components, features, and content (excluding User Content as defined below), is owned by us or our licensors and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service without our prior written consent.

6.2 User Content

"User Content" refers to any content that you upload, submit, or otherwise make available to the Service, including eye photos and customer information.

You retain all rights to your User Content. By uploading User Content to the Service, you grant us a worldwide, non-exclusive, royalty-free, transferable, and sub-licensable license to use, reproduce, modify, adapt, publish, translate, and distribute your User Content for the purposes of:

  • Providing and maintaining the Service
  • Processing and enhancing eye photos as requested
  • Training, testing, and improving our artificial intelligence models
  • Medical image analysis and development of medical diagnostic tools
  • Service improvement and feature development

This license is limited to the purposes described above and in our Privacy Policy, and we will not use your User Content in ways that would personally identify you or your customers without your explicit consent.

6.3 Commercial Restrictions

You agree not to use the Service or any of its generated content, including enhanced eye images, for any commercial purposes beyond the scope of your subscription, without obtaining prior written permission from us. Commercial purposes include, but are not limited to, selling, licensing, or otherwise distributing the generated images for profit beyond your normal business operations, or using the generated images for advertising, marketing, or promoting products or services not directly related to your business.

7. Privacy and Data Protection

Your privacy is important to us. Please refer to our Privacy Policy to understand how we collect, use, and protect your information. By using the Service, you acknowledge and consent to the data practices described in our Privacy Policy.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EYEPIC S.L. AND ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

(A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE;
(B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE;
(C) ANY CONTENT OBTAINED FROM THE SERVICE; AND
(D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT,

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT PAID BY YOU TO US DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. EYEPIC S.L. DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

10. Indemnification

You agree to defend, indemnify, and hold harmless Eyepic S.L., its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

  • Your use of and access to the Service
  • Your violation of any term of these Terms
  • Your violation of any third-party right, including without limitation any copyright, property, or privacy right
  • Any claim that your User Content caused damage to a third party

This defense and indemnification obligation will survive these Terms and your use of the Service.

11. Termination

We may suspend or terminate your access to the Service at any time, with or without cause and with or without notice. Upon termination, your right to use the Service will immediately cease.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12. General Terms

12.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Eyepic S.L. regarding the use of the Service, superseding any prior agreements between you and Eyepic S.L.

12.2 Waiver and Severability

The failure of Eyepic S.L. to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

12.3 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without the prior written consent of Eyepic S.L. Any attempt by you to assign or transfer these Terms without such consent will be null and void. Eyepic S.L. may freely assign or transfer these Terms without restriction.

12.4 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Spain, without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Spain for the resolution of any dispute relating to these Terms or your use of the Service.

12.5 Force Majeure

Eyepic S.L. shall not be liable for any failure to perform its obligations under these Terms where such failure results from any cause beyond our reasonable control, including, but not limited to, mechanical, electronic, or communications failure or degradation.

13. Contact Us

If you have any questions about these Terms, please contact us at:

Email: contact@eyepic.app

Eyepic S.L.