Terms of Service

These Terms of Service govern your use of Eyepic, our website located at https://eyepic.app, and any related services provided by Eyepic S.L..

When you create an Eyepic account or use Eyepic, you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from further using the app, accessing our website, or using any other services provided by Eyepic S.L..

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

These Terms of Service were last updated on September 16, 2024.

Eligibility

Eyepic and its associated services are designed for a broad audience but are not intended for use by children under the age of 13. You must be at least 13 years of age to use Eyepic.

If you are between the ages of 13 and 18 (or the age of majority in your jurisdiction), you may use Eyepic only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority where you reside), you agree to be fully responsible for the acts or omissions of such user in connection with access to and use of Eyepic. The parent or legal guardian is responsible for all activities that occur under their child's account and should monitor their child's account use.

By accepting these Terms of Service, you assert and warrant that you possess the complete authority to agree to these terms and that, in doing so, you will not breach any other agreement in which you are a participant. You also confirm that you have not been previously suspended or removed from using Eyepic. Furthermore, you commit to using Eyepic to comply with all relevant laws and provide us with accurate and truthful information. Eyepic is not available to users who have previously been excluded from using it.

Privacy

Please refer to our Privacy Policy to understand how we collect, use, and store information about you. By using Eyepic, you acknowledge and consent to the practices detailed in our Privacy Policy.

Limitations of Use

By using Eyepic and our website, you warrant on behalf of yourself, any entity who you represent who has entered into these Terms of Service, and your users that you will not:

• • modify, copy, prepare derivative works of, decompile, or reverse engineer Eyepic or any materials and software contained within Eyepic or on our website;
• • remove any copyright or other proprietary notations from Eyepic or any materials and software contained within Eyepic or on our website;
• • transfer Eyepic or any of its associated materials to another person or "mirror" the materials on any other server;
• • knowingly or negligently use Eyepic or any of its associated services in a way that abuses or disrupts our networks or any other service Eyepic S.L. provides;
• • use Eyepic or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
• • use Eyepic or its associated services in violation of any applicable laws or regulations;
• • use Eyepic to send unauthorized advertising or spam;
• • harvest, collect, or gather user data without the user's consent; or
• • use Eyepic or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.

Intellectual Property

The intellectual property in the materials in Eyepic and on our website are owned by or licensed to Eyepic S.L.. You may download Eyepic, to view, use, and display the application on your mobile device for your personal use only.

This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or these Terms of Service, and may be terminated by Eyepic S.L. at any time.

User-Generated Content

You retain your intellectual property ownership rights over content you submit to us for publication within Eyepic and/or on its corresponding website. We will never claim ownership of your content, but we do require a license from you in order to use it.

When you use Eyepic or its associated services to post, upload, share, or otherwise transmit content covered by intellectual property rights, you grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, distribute, modify, run, copy, publicly display, translate, or otherwise create derivative works of your content in a manner that is consistent with your privacy preferences and our Privacy Policy.

The license you grant us can be terminated at any time by deleting your content or account. However, to the extent that we (or our partners) have used your content in connection with commercial or sponsored content, the license will continue until the relevant commercial or post has been discontinued by us.

You give us permission to use your username and other identifying information associated with your account in a manner that is consistent with your privacy preferences, and our Privacy Policy.

Commercial Use Restrictions

By using Eyepic app and our website, you further agree that you will not:

Use Eyepic or any of its generated content, including enhanced iris images, for any commercial purposes without obtaining a prior written permission from Eyepic S.L. Commercial purposes include, but are not limited to, selling, licensing, or otherwise distributing the generated images for profit, or using the generated images for advertising, marketing, or promoting products or services.

Violation of this commercial use restriction may result in immediate termination of your account and legal action for infringement of intellectual property rights.

Automatic Updates

You give us permission to download and install updates to Eyepic on your device in accordance with your privacy preferences. This permission can be revoked at any time by deleting Eyepic from your device.

Subscriptions

Subscriptions can be purchased through the Eyepic app via platforms such as the Apple App Store or Google Play Store. The platform from which the subscription is purchased will determine your refund options, detailed in the respective platform's refund policies.

Billing and Renewal: Payments are charged at the beginning of each billing cycle. Subscriptions automatically renew under the same conditions unless cancelled at least 24 hours before the end of the current period.

Cancellation: You may cancel your subscription at any time through the subscription settings in your device's respective app store.

If you purchased a subscription through the Apple App Store: you may cancel automatic renewals by selecting "Manage App Subscriptions" in your Apple Account settings and selecting the subscription you want to modify, or otherwise in accordance with the then-current functionality of that platform.

If you purchased a subscription through the Google Play Store: you may cancel automatic renewals by selecting "Subscriptions" in your Google Play Account settings and selecting the subscription you want to modify, or otherwise in accordance with the then-current functionality of that platform.

No refunds are provided for any remaining time in your subscription period once cancelled.

Refunds: Refunds are subject to the terms of the platform through which the subscription was purchased. For detailed information on refund eligibility, please consult the Apple App Store or Google Play Store's refund policies.

Changes and Modifications: We reserve the right to modify subscription plans and pricing and will inform you in advance of such changes. Continued use of the subscription after a price change constitutes acceptance of the new terms.

For assistance or inquiries regarding your subscription, please contact our support team at contact@eyepic.app.

Credit Expiration and Subscription Cancellation

a) All photo credits granted as part of a subscription plan are non-transferable and expire at the end of each billing cycle if unused. Unused photo credits do not roll over into subsequent subscription periods. Upon renewal of the subscription, a new allotment of photo credits will be issued in accordance with the selected plan.

b) Upon cancellation or termination of a subscription, any unused photo credits will be permanently forfeited and deleted.

c) Photo credits are linked to the specific device on which the app is installed. If the app is deleted from the device, any unused photo credits associated with that device will be permanently lost and cannot be recovered.

API Access and Usage Terms

API Access Eligibility

API access to Eyepic services is not publicly available and is provided solely at our discretion to select customers who meet our criteria. API access is not available for trial accounts or during trial periods. We reserve the right to grant, deny, modify, or revoke API access at any time without prior notice or explanation.

Credit-Based Payment System

API usage requires the prepurchase of endpoint-specific credits. You must purchase credits for each API endpoint you wish to use before making any API calls to that endpoint.

Credit Purchase Process: To purchase API credits, you must contact our support team. We will issue an invoice for your credit purchase, and credits will be made available in your account upon payment confirmation.

Endpoint-Specific Pricing: Different API endpoints may have different pricing based on computational complexity, processing requirements, and infrastructure costs. Each endpoint's pricing reflects the resources required to deliver the respective service.

Credit Expiration: All API credits expire 30 days from the date of purchase and will be automatically deleted from your account. Expired credits cannot be recovered, refunded, or extended. You are responsible for monitoring your credit expiration dates and purchasing new credits as needed.

Non-Transferable: API credits are non-transferable between endpoints, accounts, or users. Credits purchased for one specific endpoint cannot be used for any other endpoint.

Rate Limits and Service Availability

We may impose, modify, or remove rate limits, quotas, or other usage restrictions on API access at any time without notice. You agree not to exceed such limits and acknowledge that exceeding them may result in throttling, suspension, or termination of API access.

We do not guarantee that the API will be available at any given time, will be error-free, or will be uninterrupted. Scheduled or unscheduled downtime may occur at any time without notice. We make no commitments regarding API uptime, performance, or service level agreements.

API Key Management and Security

You are solely responsible for maintaining the confidentiality and security of your API keys. You must not share, distribute, or otherwise disclose your API keys to any third party.

You are fully responsible for all activities that occur under your API keys and all charges incurred from API usage, whether authorized by you or not. This includes charges resulting from lost, stolen, or compromised API keys used without your authorization.

You must immediately notify us at contact@eyepic.app if you suspect your API keys have been compromised or accessed without authorization. We reserve the right to revoke, regenerate, or suspend API keys at any time if we suspect they have been compromised or misused.

Prohibited API Uses

You must not:

• • reverse engineer, decompile, or attempt to derive source code from the API;
• • use the API in a way that harms the performance or security of Eyepic systems;
• • use the API for unlawful or unauthorized purposes;
• • use the API to create, train, or operate any product or service that competes with Eyepic's products or services;
• • use the API or any data, content, or outputs obtained through the API to train, develop, or improve artificial intelligence models, machine learning algorithms, or any other automated systems.

Usage Monitoring and Compliance

We reserve the right to monitor and log all API usage for security, performance, billing, and analytical purposes. Data collected during API calls may include request timestamps, IP addresses, request parameters, response data, usage patterns, and error logs.

You are solely responsible for ensuring your use of the API complies with all applicable local, national, and international laws and regulations, including data protection and privacy laws such as GDPR. When processing personal data through the API, you must have appropriate legal bases for data processing and implement appropriate technical and organizational measures to protect such data.

API Modifications and Termination

We may modify the API, including its functionality, endpoints, or specifications, at any time without prior notice. We may suspend or discontinue the API, in whole or in part, at any time and for any reason. We do not guarantee backward compatibility of any API changes.

We may suspend or terminate your access to the API at any time, for any reason, without liability. Upon termination, you must immediately cease all use of the API, and any unused API credits will be forfeited without refund.

API Billing

API charges are based on successful processing requests made through the API. You remain responsible for all charges incurred through your API keys, including charges resulting from compromised keys used without your authorization. API usage charges will be deducted from your prepurchased credits for the respective endpoint.

Pricing Changes: We reserve the right to modify the pricing of any API endpoint at any time without prior notice. Price changes will apply to all future credit purchases and API usage. Existing prepurchased credits will remain valid at their original purchase price until they expire or are consumed.

Liability

Eyepic and the materials in Eyepic and on our website are provided on an 'as is' basis. To the extent permitted by law, Eyepic S.L. makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.

In no event shall Eyepic S.L. or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use Eyepic, our website, or any other services provided by Eyepic S.L. or the materials in Eyepic, even if Eyepic S.L. or an authorized representative has been notified, orally or in writing, of the possibility of such damage.

In the context of this agreement, "consequential loss" includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise.

Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Accuracy of Materials

The materials appearing in Eyepic or on our website are not comprehensive and are for general information purposes only. To the extent permitted by law, Eyepic S.L. does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials in Eyepic or on our website, or otherwise relating to such materials or on any resources linked to Eyepic and our website.

Links

Eyepic S.L. has not reviewed all of the sites linked to Eyepic or on its corresponding website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval, or control by Eyepic S.L. of the site. Use of any such linked website is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.

Notice regarding Apple

To the extent that you are using or accessing Eyepic on an iOS device, you acknowledge and agree to the terms of this clause. You acknowledge that these Terms of Service are between you and Eyepic S.L. only, not with Apple Inc. (Apple), and Apple is not responsible for Eyepic and any materials available in Eyepic.

Apple has no obligation to furnish you with any maintenance and support services with respect to Eyepic.

If Eyepic fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Eyepic and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be our responsibility.

Apple is not responsible for addressing any claims by you or any third party relating to Eyepic or your use of Eyepic, including but not limited to (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.

Apple is not responsible for the investigation, defence, settlement, and discharge of any third-party claim that our mobile application infringes that third party's intellectual property rights.

You agree to comply with any applicable third-party terms when using Eyepic, including any Usage Rules set forth in the Apple App Store Agreement of Service.

Apple and Apple's subsidiaries are third-party beneficiaries of these Terms of Service, and upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third-party beneficiary of these Terms of Service.

You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

Right to Terminate

We may suspend or terminate your Eyepic account and right to use Eyepic and these Terms of Service with or without notice for any breach of these Terms of Service. Upon such termination, your right to use Eyepic will cease immediately.

Eyepic S.L. is not liable for any loss or damage following, or as a result of, termination of your access to Eyepic, and we will not be obliged to make any of your content available to you after termination.

Severance

Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.

Governing Law

These Terms of Service are governed by and construed in accordance with the laws of Spain. You irrevocably submit to the exclusive jurisdiction of the courts in that State or location.