CONDITIONS GENERALES D’UTILISATION
Thank you for your interest in GlassesOff™, which is developed by Eyekon E.R.D Ltd., a corporation organized and existing under the laws of Israel, with principal offices located at 5 Jabotinsky Street Ramat Gan 5252006, Israel (“Eyekon” or “We”).
GlassesOff™ is a visual cortex training application (“Application”). This End User License Agreement (“Eula”) governs the use of the Application and all of our programs, tests, training methodologies, content and services (“Services”). To use the Application and/or Services, Eyekon requires that you as an end user (“End User” or “You”)) review and agree to the following terms and conditions.
Specifically, this EULA describes the terms and conditions under which you may (i) install and use the Application; and (ii) access and use the online server. If you accept this EULA, the then-current version of this EULA shall apply each time you access the Eyekon’s server (“Server”) or activate the Application.
It is agreed and acknowledged that this Eula is entered between the End User and Eyekon only. Google is not a party to this Eula and is not responsible for the Application and/or the Server and/or Services and/or content thereof. For the avoidance of any doubt, Google has no obligation to provide any maintenance or support services to the Application, Server and/or Services hereto.
THIS EULA IS A LEGALLY BINDING AGREEMENT. IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE TO BE BOUND BY IT, YOU MUST IMMEDIATELY CEASE USING THE APPLICATION AND SERVICES.
By checking the “I’ve read and agree to the End User License Agreement” and confirming your acceptance by tapping the “Submit” button or “OK” and/or “ACCEPT” and/or “Register” or similar button (or if you bypass or otherwise disable the “Register” and/or the checkbox, and still install, copy, download, access or otherwise use the Application), you accept the terms and conditions of this EULA. If you do not accept the terms and conditions of this EULA, you must discontinue use of the Application and Services.
REQUIREMENTS TO USE THE APPLICATION
To activate the Application you must: (i) complete the registration process; (ii) obtain and maintain your own Internet access (Internet access is required to use some features of the Application; Eyekon is not responsible for your access to the Internet); and (iii) fully comply with this EULA terms and conditions.
You may use only one (1) account for your personal use only.
Establishing a New Account
You may not share your GlassesOff account (“Account”) with anyone, or allow anyone other than you personally (or your minor child, if you have registered an Account on behalf of your minor child) to access or use your Account. Joint or shared ownership or use of an Account by more than one (1) user is strictly prohibited.
Accounts may not be used for any business purposes. Access to the Server and activating the Application is intended for your personal training only, and not for any corporate, business, commercial or other income-seeking activities. Business entities and anyone who is acting for or on behalf of a business or for business purposes may not establish an Account, access the Server or activate the Application. Accessing the server or using the Application for commercial, business or income-seeking purposes is strictly prohibited.
User IDs and Passwords
You will be asked to select a password during the registration process (“Password”). You may not disclose your Password to anyone or allow anyone to use your Password to access the Server. You are responsible for maintaining the absolute confidentiality and security of your Password and Account, and understand you will be responsible for any damage, harm, lost or deleted characters, etc. resulting from your disclosure, or allowing the disclosure, of any Password, or from the use of your Password by others. You may not obtain, attempt to obtain, use or attempt to use the Password of anyone else. You are responsible for remembering your Account information and Password. You agree to notify us immediately of any unauthorized use of your Password and Account.
Responsibility for Children Account
Minor children may not establish an Account without the consent of a parent or guardian. If the user of the Application is a minor, then a parent or guardian must complete the registration process to establish an Account, in which case the parent or guardian takes full responsibility for all obligations under the EULA and for all activities of the child using the Account. If you are a parent or guardian, you may permit one (1) child to use the Account instead of you (in which case you may not use that Account).
If you establish an Account, you represent that you are an adult of twenty one (21) years of age or older and are accepting the EULA on behalf of yourself or on behalf of your child. By allowing use of the Account by your minor child, you agree and represent that you are also personally bound by the EULA for such minor’s use.
Eyekon does not knowingly collect any information about children under the age of eighteen (18) beyond that is necessary to establish an Account and activate the Application. Eyekon will not disclose such information to any third party except as set forth below.
You are not permitted to transfer your Account to another person. If you wish to discontinue your Account, please refer to Section 6 of this EULA.
AMENDMENTS TO EULA
Eyekon may, in its sole discretion, amend this EULA from time to time, including any and all documents, forms and policies incorporated thereto. If the EULA is amended, you will be asked to review the amended EULA when you log in to your Account, and to indicate and confirm your acceptance of the amended EULA by clicking the “OK” and/or “ACCEPT” and/or “CONFIRMED” and/or similar term. Your continued use of the Application after the changes have taken effect constitutes your acceptance of the amended terms. If you do not agree with the amended terms, then you must avoid use of the Application and Services.
If the amendment alters a material term of the EULA that is unacceptable to you, you may, as your sole and exclusive remedy, terminate the EULA and close your Account as described in Section 6 below (Termination).
FEES, PAYMENT AND TRIAL REGISTRATION
Use of the Application and/or Services may require payment of fees. You shall pay all applicable fees, as required in connection with the use of the Application and Services. Eyekon reserves the right to change its price list and to institute new charges at any time. In addition, Eyekon may, at any time and in its sole discretion, convert a free of charge service to a fee-based service and alter any of the aforementioned rates and payment terms. Notification of a change may be sent by electronic mail, posted on GlassesOff website, or communicated in the Application. Use of the Services by user following such notification constitutes your acceptance of any new or increased charges or other changes. If any such new or increased charges or other changes are unacceptable to you, you may cancel your subscription at any time subject to Section 6 of this Eula (Termination). However, Eyekon is not obligated to refund any fees that have been accrued to your Account(s) before the cancellation notice. Moreover, Eyekon will not prorate fees for any suspended or terminated Account.
You warrant that you shall pay all applicable fees and charges incurred, including all applicable taxes, in connection with your use of the Application and Services, including the use of your Account by any third party, including your family or friends.
From time to time, we may offer a free trial membership or other promotions. If you accept a free trial membership or a promotion, we will begin to bill your Account at the conclusion of the free trial or according to the terms and conditions outlined in the promotion. If you do not wish to be charged, you should cancel your Account(s) prior to the end of the trial period or in accordance with the applicable promotion rules.
TERMINATION AND SUSPENSION OF ACCOUNT
By Eyekon for Termination of the Service
Eyekon does not guarantee that it will continue to offer access to the Server or support the Application. Eyekon may at any time, in its sole discretion, terminate this Eula including without limitation any or all of the Services offered in connection with the Application (including access to the Server), and close all or some of the Accounts and cancel all of the rights granted to you under the EULA, temporarily or permanently.
By Eyekon for Breach or Misconduct
Suspension of Account
Without limiting Eyekon’s rights or remedies, Eyekon may immediately, and without notice, discontinue or suspend access to the Server through your Account, in the event of (i) any breach of the EULA (including the Rules of Conduct) by you or any user of your Account; or (ii) unauthorized access to the Server or use of the Application by you or any user of your Account.
Termination of EULA
Eyekon may terminate the EULA, close your Account, and cancel all rights granted to you under the EULA, if: (i) Eyekon is unable to verify or authenticate any information you provide; (ii) you or anyone using any of your Accounts materially breaches the EULA, makes any unauthorized use of the Server, or infringes the rights of Eyekon or any third party, in any manner.
Eyekon reserves the right to terminate any and all other Accounts that share the electronic mail address. Termination by Eyekon under this Section shall be without prejudice to or waiver of any and all of Eyekon’s other rights or remedies, all of which are expressly reserved, survive termination, and are cumulative.
Termination of the Eula and/or suspension of Account may be communicated by Eyekon to you in any of the following manners: (i) when you log in to your Account; (ii) via electronic mail to the electronic email address obtained during your registration; (iii) via any other contact information you provided to the Company. You agree that Eyekon does not assume any responsibility with respect to, or in connection with such termination and loss of any data resulting therefrom.
You may terminate the EULA with regard to your Account at any time by contacting customer service. Eyekon reserves the right to limit or terminate your account if we believe you are in violation of this Eula. Cancelation will be processed within seven (7) business days from your request, and will be considered from the date of the request. Upon termination, fees that have been accrued to your Account(s) before the cancellation notice shall not be refunded or prorated.
If for any reason the EULA is terminated with regard to your Account, such Account will be closed, upon which all rights granted to you under the EULA shall immediately terminate with regard to the closed Account, and all the attributes of the Account, including characters, items and currency in the Account, will be lost. Users whose Account has been closed shall not access the Server and shall immediately cease any use thereof.
PRIVACY AND CONFIDENTIALITY
Eyekon does not guarantee that personal information transmitted to the Server (including without limitation information in your Account), will not be disclosed to third parties. While Eyekon’s aim is to keep your personal information confidential and Eyekon employs security measures to protect the Server, third parties may unlawfully intercept transmissions or private communications, or access data within the Server. Additionally, Eyekon may (and you hereby expressly authorize Eyekon to) disclose information about you to private entities, law enforcement authorities or other government officials, as Eyekon, in its sole discretion, deems necessary or appropriate to investigate or resolve possible crimes or to respond to judicial, regulatory, agency or other similar inquiries.
CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS
Upon your registration to use the Application and Services, you hereby agree to receive periodic newsletters and other types of electronic communications from Eyekon, including customer service issues, new product offers, etc. You may choose to opt out of such correspondence; however, Eyekon reserves the right to contact you at any time regarding issues related to your Account and your use of the Application and Services.
In rare instances, some users may experience seizures when exposed to certain light patterns or flashing lights. Exposure to certain light patterns or backgrounds on a screen may induce an epileptic seizure, even to persons who have no history of prior seizures or epilepsy. Please consult with your physician.
Subject to the terms of this EULA and payment of all relevant fees, Eyekon grants you a limited, non-exclusive, non-transferable, revocable license to use the Application, Services and accompanying documentation on any iPhone or iPod touch that You own or control as permitted by the Usage Rules set forth in the App Store Terms and Conditions, for your personal use only, subject to the terms and conditions of this Eula for the volume of 1 (one) Account per one (1) user, licensed hereto.
License to Access the Server to Use the Services
Upon establishing a valid Account and subject to your continued compliance with the terms and conditions of this EULA, Eyekon grants you a limited, non-exclusive, non-transferable, revocable license to access the Server, and use the Application in a manner consistent with the terms and conditions of this EULA.
Any and all rights not expressly granted by Eyekon herein are reserved, and no license, permission or right of access or use not granted expressly herein shall be implied.
You shall comply with all applicable laws and regulations in using the Application and Services. You shall not:
Intercept or upload, download or use for any purpose any information accessible through the Server, other than as permitted by this EULA;
copy, distribute, rent, lease, loan, develop, modify or create derivative works of, adapt, translate, perform, display, make commercial use, sublicense or transfer the Application or any documentation or information accompanying the Application to any other party, including without limitation, any part of the Application or its contents, or any item or object in your Account;
reverse engineer, disassemble, decompile, or attempt to reverse engineer or derive source code from, all or any portion of the Application, or from any information accessible through the Server (including, without limitation, data packets transmitted to and from the Server over the Internet), or anything incorporated therein, or analyze, decipher, “sniff” or derive code (or attempt to do any of the foregoing) from any packet stream transmitted to or from the Server, whether encrypted or not, or permit any third party to do any of the same, and you hereby expressly waive any legal rights you may have to do the same. If the Application and/or the Server contain license management technology, you may not circumvent or disable that technology;
Use, share or distribute the Application for your own scientific or clinical research purposes without our express prior written consent;
Violate or attempt to violate the Application security features including logging into server or account that you are not authorized to access;
Use the Application in any manner that could harm, disable or otherwise impair our computer systems or competes with the business of Eyekon or its affiliates;
Use the Application , the information contained therein, or any trademarks, trade names, service marks, copyrights, or logos of Eyekon or its affiliates, in unsolicited mailings, mail or spam materials or to operate contests;
Violate any third party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right or other intellectual property or proprietary right;
Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Application or copied from Eyekon;
Use the Application to violate any laws, for any illegal purposes or in any manner inconsistent with the provisions of this Eula.
Violating any of these restrictions or engaging in prohibited uses is grounds for immediate termination of your Account. It may also subject you to civil or criminal penalties.
Eyekon may from time to time update or otherwise modify the Application electronically. You hereby grant Eyekon permission to: (i) extract hardware system profile data from your device; (ii) extract information from your device’s file directories pertaining to the Application and your ability to access the Server; (iii) download to your device content and Application files and any data related to the operation of the Application. The foregoing applies to any device from which you log in to the Server using your Account.
New Releases of the Software
You are not entitled to receive any new releases of the Application, or any expansion packs, updates, upgrades or similar products under the EULA, but Eyekon may, in its sole discretion, offer any or all of the foregoing to you.
Eyekon may update, upgrade or otherwise enhance the Application at any time, in its sole discretion, without obligation to you. Periodically, Eyekon may require all users to migrate to new releases of the Application in order to continue accessing the Server and activating the Application. You will be informed when a new release is available. You may be required to install and use the new release before the required period of time has lapsed to continue accessing the Server and activating the Application. If you fail to install the new release when required, Eyekon shall not be responsible in any way for your inability to access the Server or activate the Application, and you shall not be entitled to receive a refund of payment for the Application or Services.
Ownership of Software, Server and Application
All rights, title and interest in and to the Application, Server, and Application Content (as defined below) and to any content thereof, including patents, copyrights, trademarks, trade names, trade secrets and/or any other intellectual property rights in the Application, Server, and Application Content (as defined below) remain solely the property of Eyekon and its affiliates and licensors.
You acknowledge that the Application is comprised of, without limitation, software code, programs, routines, subroutines, objects, files, data, characters , graphics, sound effects, music, animation, video, text, content, layout, design and other information downloaded from and accessible through the Server (collectively, the ” Application Content”). Eyekon, its affiliates, licensors and/or suppliers retain all of their right, title and interest (including without limitation all intellectual property rights therein) in and to the software, Server, Application and all Application Content, and no title or ownership rights whatsoever are transferred to you, except for the limited license granted hereto above.
Rights to Certain Content You hereby irrevocably and without additional consideration beyond the rights granted to you herein, assign to Eyekon any and all right, title and interest you have, including copyrights, in or to any and all information you exchange, transmit or upload to the Server or while activating the Application, including without limitation all files, data and information. To the extent that any such rights are not assignable, you hereby grant Eyekon an exclusive, perpetual, worldwide, irrevocable, transferable, royalty-free license, fully sub-licensable through multiple tiers, to exercise all intellectual property and other rights, in and to all or any part of such information, in any medium now known or hereafter developed.
THE APPLICATION, SERVER, ALL APPLICATION CONTENT, SERVICES AND ALL OTHER MATERIALS PROVIDED IN CONNECTION THEREWITH, ARE PROVIDED “AS IS,” WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR ORAL. YOU ASSUME ALL RISKS OF USE AND ALL RISKS ASSOCIATED WITH ACCESSING THE SERVER AND ACTIVATING THE APPLICATION. SHOULD THE APPLICATION AND/OR SERVICES PROVE DEFECTIVE, GOOGLE MAY UPON THE END USER WRITTEN NOTIFICATION REFUND TO THE END USER THE PURCHASE PRICE OF THE LICENSED APPLICATION, PROVIDED HOWEVER THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, GOOGLE SHALL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APPLICATION, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY WILL BE UNDER YOUR RESPONSIBILITY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW EYEKON AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS AND/OR EMPLOYEES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR ORAL, REGARDING THE APPLICATION, SITE AND SERVICES INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT USE OF THE APPLICATION, SITE AND SERVICES ARE AT YOUR OWN SOLE RISK AND THAT THE SERVICES, SERVER, APPLICATION, CONTENT, SITE AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. EYEKON DOES NOT WARRANT THAT THE OPERATION OF THE SERVER OR YOUR ACCESS TO THE SERVER, OR THAT YOUR USE OF THE APPLICATION, WILL BE UNINTERRUPTED OR ERROR-FREE, NOR THAT THE SERVER OR APPLICATION WILL BE COMPATIBLE WITH YOUR HARDWARE AND SOFTWARE.
While Eyekon attempts to have the Server available at most times, Eyekon does not guarantee that the Server will always be available, or that the Server will not become unavailable during an active session. The Server may become unavailable for a number of reasons, including without limitation during the performance of maintenance to the Server, for the implementation of new software, for emergency situations and due to equipment or telecommunications failures.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE NO RIGHT, BASED IN PROPERTY OR OTHERWISE, TO ANY DATA CREATED THROUGH OR GENERATED BY YOUR ACCESS TO OR USE OF THE SITE AND/OR SERVICES AND/OR THE APPLICATION. YOU ACKNOWLEDGE THERE IS A RISK OF DATA LOSS, INCLUDING CATASTROPHIC DISK FAILURE WHICH COULD RESULT IN A LOSS OF ALL DATA. YOU AGREE THAT YOU WILL NOT HOLD EYEKON RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM SUCH LOSS OR DAMAGE.
LIMITATION OF LIABILITY
In no event shall Eyekon, its officers, its employees, its affiliates, licensors or suppliers be liable to you or to any third party for any special, indirect, incidental, consequential, punitive or exemplary damages (including without limitation, lost profits, hardware malfunction, or lost data), arising out of or in any way related to this Eula , the installation of the Application , your Account, the Server, the Application, Application Content, or any other services or materials provided in connection therewith, whether based on warranty, contract, tort or any other legal theory, and whether or not Eyekon is advised of the possibility of such damages, and even if any stated remedy fails of its essential purpose.
Except as set forth below, Eyekon’s maximum liability for any and all claims arising out of or in connection with the installation of the Application, your Account, the Application, Server, Application Content, EULA, and any other services or materials provided in connection therewith, shall not exceed in the aggregate an amount equal to the amount paid for the Application.
In any event of a material breach of Eyekon’s obligations pursuant to this Eula, your sole and exclusive remedy shall be limited to a replacement download of the Application or correction of such error or malfunction, as applicable and subject to Eyekon’s sole discretion.
YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN EYEKON AND YOU. YOU UNDERSTAND THAT THE APPLICATION, SITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
You agree and acknowledge that Eyekon, and not Google, shall be responsible for addressing all claims arising under this Eula, including without limitation: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection acts.
You acknowledge and understand that Eyekon’s products and services and other content available on the Application and/or site are not an attempt to practice medicine or provide specific medical advice. Use of the Application and/or the Services and/or any material provided to you pursuant to this Eula, does not establish a doctor-patient relationship. Any health information and links, including links to external websites on the Application and/or Services or any other material provided hereto pursuant to this Eula, whether provided by Eyekon or by a third party, is provided simply for your convenience. Please consult with your physician in any medical query.
You shall defend, indemnify and hold harmless Eyekon and its affiliates, licensors and suppliers, and their respective employees, contractors, officers and directors, at your own expense and immediately after receiving a written notice from any and all claims, losses, damages and demands, including reasonable attorneys’ fees, arising out of any breach of the terms of this Eula or rules and regulations applicable to the use of the Application. You acknowledge and Eyekon confirms, that in the event of any third party intellectual property infringement claim/s that the normal anticipated use of the Application infringes the intellectual property rights of such third party, Eyekon, and not Google, shall be solely responsible, for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You agree to cooperate with Eyekon, at Eyekon’s cost and expense, in the defense or settlement of such infringement claim thereof; and obligate not to admit any such claim and/or make any payments or concessions with respect to such claim without the prior written consent of Eyekon.
MONEY BACK GUARANTEE
Eyekon may, at its sole discretion, offer on its behalf, to some or all of the End Users, as Eyekon finds applicable, a money back guarantee, exercisable by refund of certain monies by Eyekon to the End User, under certain conditions, as shall be determined by Eyekon (the “Money Back Guarantee”).
Terms of the Money Back Guarantee
If you complete at least 3 sessions per week over a period of at least 3 consecutive months or until you complete the GlassesOff Pro PROGRAM, whichever comes first and you are unhappy with the results and do not want to continue using any of our services. You may, within 7 days from completing the GlassesOff Pro program, request a reimbursement of the GlassesOff Pro fees, by emailing the company at firstname.lastname@example.org, and the fees that were received by us from you for the GlassesOff Pro program will be refunded in full, minus reasonable bank transfer fees.
Effect of Money Back Guarantee
Should you exercise your right for Money Back Guarantee, your account will be closed, and all data will be lost. You agree and acknowledge that Eyekon may, at its sole discretion, impose certain conditions prior to exercising the Money Back Guarantee, including without limitation the End User’s compliance with this Eula or otherwise, as shall be communicated to the End Users by Eyekon from time to time. It is agreed and acknowledged that Eyekon shall be entitled at any time, at its sole discretion to cancel the Money Back Guarantee, and You agree that Eyekon does not assume any responsibility with respect to, or in connection with such cancellation and/or any losses resulting therefrom. Further you agree and acknowledge that Google is not a party to the Money Back Guarantee and shall not assume any responsibility thereto. The Money Back Guarantee shall be set solely between You and Eyekon.
You acknowledge and agree that refund of monies by Eyekon for purposes of the Money Back Guarantee may be done by any means that Eyekon, at its sole discretion, finds fit including without limitation via a PayPal account or use of other form of account by the End User, as shall be communicated by Eyekon to You. If You do not have the required aforesaid account, You shall be responsible for setting the required account and You hereby waive any claim You may have in respect thereto.
GOVERNING LAW AND EXCLUSIVE FORUM
The EULA, and the rights and obligations of the parties hereto, shall be governed and construed by and in accordance with the laws of the State of Israel, excluding its choice of law rules. Any claim or dispute related to this Eula, including its interpretation, performance, breach or termination, not resolved in good faith, shall be finally and exclusively resolved in arbitration in accordance with the Israeli Arbitration Law – 1968. The arbitration shall be conducted in Tel-Aviv, Israel, in the English language, by a sole arbitrator. The arbitrator shall be appointed by mutual consent of the Parties hereto. In the event that the Parties fail to agree upon the arbitrator within fourteen (14) days of either Party’s written notice with respect to the referral of a dispute to arbitration, the arbitrator shall be appointed by the Chairman of the Israeli Bar Association. The arbitrator’s decisions shall be based upon the provisions of this Agreement, the rules of Israeli Arbitration law – 1968 and of the governing law referred to above. The arbitrator shall have no power or authority to make or issue any award that provides for punitive or exemplary damages. The decision of the arbitrator shall be final and binding on the Parties, shall not be subject to appeal, and shall be enforceable in any competent court having jurisdiction.
Severability. If any provision of the EULA is determined by a court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not invalidate or render unenforceable the entire Eula, but rather the entire Eula shall be construed as if not containing the particular invalid or unenforceable provision, and the rights and obligations of the parties shall be construed and enforced accordingly.
Compliance with laws. You shall comply with all applicable laws and regulations regarding your access to and use of the Server, use of the Application, and your access to your Account. Without limiting the foregoing, you may not download, use or otherwise export or re-export any part of the information accessible through the Server or the Application except in full compliance with all applicable laws and regulations. You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibit or restricted parties.
No Assignment. Except as otherwise provided herein, you may not assign or transfer the EULA or your rights hereto without Eyekon’s prior explicit written consent, and any attempt or actual assignment to do so is shall be null and void.
Modification. The EULA may be amended only by a written amendment signed by the authorized representative of Eyekon and by you. This Eula sets forth the entire complete understanding and agreement between Eyekon and you with respect to the subject matter hereof.
Notices. All notices to Eyekon required or permitted by the EULA shall be by electronic mail at email@example.com.
Third party beneficiary. It is agreed and acknowledged by You and Eyekon that Google, and Google’s subsidiaries, are third party beneficiaries of the EULA, and that, upon your acceptance of the terms and conditions of the EULA, Google will have the right (and will be deemed to have accepted the right) to enforce the EULA against You as a third party beneficiary thereof.
Updated June 20, 2014
Eyekon E.R.D. Ltd. (“Eyekon “we”, “our” us”) respects our users (“you”, “your”) concerns about privacy.
COLLECTION OF PERSONAL INFORMATION
Access. To obtain access to the password protected portion of the Application and to use certain features provided by Eyekon (“Services”), you are required to register as a user and create a user profile, by creating a password and providing personal identifiable information within the following categories: your email address; certain medical details which may have impact on your vision such as year of birth, use of glasses, and whether you suffer from a medical condition that may impact your vision, without specifying the condition itself. We also allow registration via Facebook, which may require among other things: full name, email address, year of birth and profile picture.
METHODS OF DATA COLLECTION
Cookies and Web Beacons. Like most websites and applications, we may utilize “cookies” and “web beacons” to, provide a more user-friendly, effective and secure service.
Cookies are small strings of data that are placed on the user’s computer and stored by the browser. Cookies also enable us identify a user’s browser and offer services to such user. Cookies do not contain any personally identifiable information.
Web beacons are very small images or small pieces of data embedded in images, also known as “pixel tags,” “GIFs,” or “clear GIFs,” that can recognize cookies, the time and date a page is viewed, a description of the page where the pixel tag is placed, and similar information from a computer or device.
Cookies, web beacons and other technical methods may involve the transmission of information either directly to us or to another party authorized by us to collect information on our behalf. Cookies and web beacons do not personally identify Eyekon users.
Google Analytics. The Application uses Google Analytics, a web analysis service by Google Inc. (“Google”). Google Analytics uses ‘cookies’, text files that are saved on your computer and allow your use of the application to be analyzed. The information about your visit collected by the cookie (including your IP address) is usually transferred to a Google server in the USA and saved there. If this application has activated IP anonymisation, Google first abbreviates your IP address within your state. The full IP address will only be transferred to a Google server in the USA and abbreviated there in exceptional cases. Google will use the information collected on behalf of the Application operator to evaluate your use of the Application, to compile reports about your activities within the Application, and to provide further services related to use of the Application and Internet use. Google will under no circumstances associate the IP address transmitted by your browser within the operations of Google Analytics with other Google data. You can prevent the installation of the cookies by entering the corresponding settings in your browser software. However, please note that in this case you may not be able to use the complete range of functions of the Application to their full extent.
USE OF PERSONAL INFORMATION
We collect, retain and use personally identifiable information or other information you provide to us via the Application for legitimate business purposes only, including without limitation in the following ways: (a) to qualify you as a registered user with access to the password-protected portion of the Application; (b) to provide services to registered users and to otherwise operate the Application; (c) to respond to an inquiry from you or address a request submitted by you (including contacting you directly to request additional information to process your inquiry or request; (d) to contact you and provide you with information regarding Eyekon; (e) to notify you about your accounts or transactions with us and to otherwise contact you with information we believe is of interest to you; (f) to correspond with you about our features or services or special offers related thereto; (g) to facilitate the payment of any fees necessary to access the Application and/or Services; (h) to enhance or develop the Application, the features and services; (i) to monitor the usage of the Application and any services and features offered; (j) to provide third parties with aggregate anonymous non-personal information about our user base and usage patterns; (k) to personalize the features and services; (l) to comply with applicable laws, regulations and rules, and requests of relevant regulatory and law enforcement and/or other governmental agencies; (m) to protect the rights, property, or safety of Eyekon, our personnel, users, and others.
We may use the email address you provide to us to send you notifications, updates, newsletters or information regarding the Application and any features or services.
We may share aggregate, anonymous statistical, non-personal information regarding the users of the Application, traffic patterns, and Application usage with third parties.
We will disclose information we maintain, including personally identifiable information, when required to do so by law, or may disclose such information in response to a request from a law enforcement agency or authority.
Payment Information. Use of the Application may require payment of fees. To formulate such payment you will be required to provide a mailing address, billing address, credit card number and/or other payment information necessary to facilitate the payment, all of which will remain private and not become visible to other users.
Links to Other Sites. The Application may contain links to third party websites that allow users the ability to download or access software or content. Eyekon neither controls nor endorses such third party websites, and has neither reviewed nor approved any content that appears thereon or the privacy practices of such third parties. Eyekon shall not be held responsible for such third parties’ privacy practices. You should review the privacy policies posted on such third party sites. You should be aware that if you voluntarily disclose personally identifiable information in your communications with third parties linked from on the Eyekon Site or in other materials, that information, along with any other information disclosed in your communication, can be collected and correlated and used by such third parties and may result in your receiving unsolicited messages from other persons. Such collection, correlation, use and messages are beyond our control.
Polls and Surveys. We may conduct polls and surveys either directly or through third parties. Your selection may be random, or it may be based on your non-personally identifiable information, such as geographic location, etc. You participation in a poll or survey is voluntary. Eyekon or its third party contractors may target some advertisements or incentives to you based on the polls or surveys results. If the delivery of incentives requires your contact information, you may be asked to provide personally identifiable information to the third party provider fulfilling the incentive offer, which will only be used for the purpose of delivering incentives and/or verifying your contact information. Taking advantage of such incentive and providing such information is voluntary and in your sole discretion.
PERSONAL INFORMATION OF CHILDREN
Eyekon does not collect any information from children under the age of 18 that would allow a child to be identified unless the child is accessing the Application with his or her parent’s or guardian’s permission using his or her parent’s or guardian’s password. If you have not yet reached the age of 18, we recommend that you ask a parent or guardian for permission before submitting any information to us.
RETENTION OF PERSONAL INFORMATION
Security. Eyekon employs security systems to protect the personally identifiable information we receive from you from unauthorized disclosure. Access to your data on the Application is password-protected,. Please be aware that Internet data transmission is not always secure and we cannot warrant that information you transmit utilizing the Application may not be intercepted, accessed, disclosed, altered, or destroyed by breach of any of our safeguards. Because security is important to both Eyekon and you, we will always make reasonable efforts to ensure the security of our systems; however it is your responsibility to protect the security of your login information. If you suspect unauthorized access to your information, it is your responsibility to contact Eyekon immediately. We strongly advise you not to communicate any confidential information through these means.
YOUR INFORMATION CHOICES
Modification. We strive to maintain the accuracy of any personally identifiable information that may have been collected from you, and will use our commercially reasonable efforts to respond promptly to update our database when you tell us the information in our database is inaccurate. It is your responsibility to ensure that such information is accurate, complete, and up-to-date. You may review and update personally identifiable information that you have provided to us at any time by signing in and visiting your profile.
Questions and Contact Information
Updated June 20, 2014.
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