Terms and Conditions
Company: Eyepop
Location: San Diego
Posted on: June 2, 2025
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Job Description:
Welcome to the EyePop.ai ("Us" or "Our" or "We") Website- and
thank You for visiting. We hope You enjoy the experience!These
Terms of Use ("Terms") are a legal contract between You and Us
(collectively, "Everyone") and govern Your use of all the text,
data, information, software, graphics, photographs and more (all of
which We refer to as "Materials") that We and Our affiliates may
make available to You, as well as our artificial intelligence (AI)
services and any other services ("Services") We may provide through
eyepop.ai or any of Our other websites (all of which, including the
Materials and Services, are referred to in these Terms as this
"Website").READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE.
USING THIS WEBSITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT
THESE TERMS. YOU CANNOT USE THIS WEBSITE IF YOU DO NOT ACCEPT THESE
TERMS.NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND
ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS
YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY
HAVE WITH THE COMPANY. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL
ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.ChangesWe may
alter the Materials and Services We offer You and/or choose to
modify, suspend or discontinue this Website at any time and without
notifying You. We may also change, update, add or remove provisions
(collectively, "modifications") of these Terms from time to time.
Because Everyone benefits from clarity, We promise to inform You of
any modifications to these Terms by posting them on this Website
and, if You have registered with Us, by describing the
modifications to these Terms in an email that We will send to the
address that You provided during registration. To be sure We
properly reach Your email inbox, We just ask that You let Us know
if Your preferred email address changes at any time after Your
registration.If You object to any such modifications, Your sole
recourse shall be to cease using this Website. Continued use of
this Website following notice of any such modifications indicates
You acknowledge and agree to be bound by the modifications. Also,
please know that these Terms may be superseded by
expressly-designated legal notices or terms located on particular
pages of this Website. These expressly-designated legal notices or
terms are incorporated into these Terms and supersede the
provision(s) of these Terms that are designated as being
superseded.General useBy using this Website, You promise that You
are at least 16 years of age. If You are not yet 18 years old, You
must have the permission of an adult to use this Website and agree
to its Terms, and that adult must be a parent or legal guardian who
is willing be responsible for Your use of this Website.We invite
You to use this Website for individual, consumer purposes if You
are accessing and using the Website and/or Services as an
individual consumer (and have a "Personal Account") or for your
internal business purposes if You are accessing and using the
Website and/or Services on behalf of a business (and have a
"Business Account") (respectively, "Permitted Purposes") - enjoy!In
these Terms we are granting You a limited, personal, non-exclusive
and non-transferable license to use and to display the Materials;
Your right to use the Materials is conditioned on Your compliance
with these Terms. You have no other rights in this Website or any
Materials and You may not modify, edit, copy, reproduce, create
derivative works of, reverse engineer, alter, enhance or in any way
exploit any of this Website or Materials in any manner. If You make
copies of any of this Website while engaging in Permitted Purposes
then We ask that You be sure to keep on the copies all of Our
copyright and other proprietary notices as they appear on this
Website.Unfortunately, if You breach any of these Terms the above
license will terminate automatically and You must immediately
destroy any downloaded or printed Materials (and any copies
thereof).Using this website and the website's servicesWe appreciate
You visiting this Website and allow You to do just that - stop by
and leisurely check it out without even registering with
Us!However, in order to access certain password-restricted areas of
this Website and to use certain Services and Materials offered on
and through this Website, You must successfully register an account
with Us.Password restricted areas of this websiteIf You want an
account with Us, You must submit the following information through
the account registration page on this Website:A working email
address;First and last name;Preferred username and password.You may
also provide additional, optional information so that We can
provide You a more customized experience when using this Website
-but, We will leave that decision with You. Once You submit the
required registration information, We alone will determine whether
or not to approve Your proposed account. If approved, You will be
sent an e-mail detailing how to complete Your registration. For so
long as You use the account, You agree to provide true, accurate,
current, and complete information which can be accomplished by
logging into Your account and making relevant changes directly or
contacting Us using the below contact information and We can make
the changes for You. And, if You forget Your password - no worries
as We will happily send a password update to Your provided email
address.You are responsible for complying with these Terms when You
access this Website, whether directly or through any account that
You may setup through or on this Website. Because it is Your
account, it is Your job to obtain and maintain all equipment and
services needed for access to and use of This Website as well as
paying related charges. It is also Your responsibility to maintain
the confidentiality of Your password(s), including any password of
a third-party site that We may allow You to use to access this
Website. Should You believe Your password or security for This
Website has been breached in any way, You must immediately notify
Us.Purchases of servicesYou may make certain limited use of the
Services without charge. To use Our Services beyond the "Free"
threshold, You will be required to purchase a certain tier of the
Services. The various tiers of Services are described on our
Payment Page available at [insert url] (the "Payment Page").
Certain tiers of Services will grant different levels of usage
rights related to the Services (i.e. a "Personal Account" gives you
the right to use the Services for individual, consumer purposes and
a "Business Account" gives you the right to use the Services for
your internal business purposes), and You agree to use the Services
in a manner that is consistent with your tier, as described in more
detail on the Payment Page. You agree to pay all applicable fees
related to Your use of this Website and Our Services which are
described on the Payment Page. Once You have used all the Services
purchased, You will be required to make an additional purchase to
access and use additional Services. You will receive a notification
that you have used all of your purchased Services and prompting you
to make an additional purchase of Services. We may suspend or
terminate Your access to Our Services and this Website if Your
offered payment method (e.g., credit card or PayPal account) cannot
be processed. By providing a payment method, You expressly
authorize Us to charge the applicable fees on said payment method
as well as taxes and other charges incurred thereto at regular
intervals, all of which depend on Your particular membership and
utilized services.We understand that You might cancel Your account,
but please know that We will not provide any refund(s).Subject to
the terms and conditions of these Terms, We will use commercially
reasonable efforts to make the Service available with minimal
downtime 24 hours a day, 7 days a week; provided, however, that the
following are excepted from availability commitments: (a) planned
downtime (with regard to which We will use commercially reasonable
efforts to provide at least 24 hours advance notice and routine
maintenance times currently scheduled for every Friday, 5:00 p.m.
to 8:00 a.m. the following Monday (Pacific Time) and as We
otherwise specify, or (b) any unavailability caused by
circumstances beyond Our reasonable control, including without
limitation, acts of God, acts of government, flood, fire,
earthquakes, civil unrest, acts of terror, strikes or other labor
problems, or Internet service provider failures or
delays.Electronic communicationsBy using the Website and/or the
Services provided on or through the Website, You consent to
receiving electronic communications from Us. These electronic
communications may include notices about applicable fees and
charges, transactional information and other information concerning
or related to the Website and/or Services provided on or through
the Website. These electronic communications are part of Your
relationship with Us. You agree that any notices, agreements,
disclosures or other communications that We send You electronically
will satisfy any legal communication requirements, including that
such communications be in writing.Privacy PolicyWe respect the
information that You provide to Us, and want to be sure You fully
understand exactly how We use that information. So, please review
Our Privacy Policy available at
https://www.eyepop.ai/privacy-policy ("Privacy Policy") which
explains everything.SubmissionsCertain areas of this Website (e.g.,
blogs, chat rooms or customer ratings and review areas) may permit
You to submit feedback, information, data, text, software,
messages, or other materials (each, a "User Submission").
Separately, any User Submission that is provided as input for use
in the AI Services shall be referred to as "User Input." Depending
on the tier of Services that You sign up to receive, You may have
the opportunity to designate certain "User Input" as "Private"
("Private User Input"). User Input and Private User Input may be
subject to narrower restrictions and obligations and will be
subject to narrower licenses as set forth herein. (Unless a
distinction is noted, the terms below apply to all User
Submissions, including User Input and Private User Input.)
Notwithstanding the foregoing, You agree that You are solely
responsible for all of Your User Submissions and that any such User
Submission (excluding Private User Input) is considered both
non-confidential and non-proprietary. Further, We do not guarantee
that You will be able to edit or delete any User Submission You
have submitted.By submitting any User Submission, You are promising
Us that:You own all rights in Your User Submissions (including,
without limitation, all rights to the reproduction and display of
Your User Submissions) or, alternatively, You have acquired all
necessary rights in Your User Submissions to enable You to grant to
Us the rights in Your User Submissions as described in these
Terms;You have paid and will pay in full all license fees,
clearance fees, and other financial obligations, of any kind,
arising from any use or commercial exploitation of Your User
Submissions;Your User Submissions do not infringe the copyright,
trademark, patent, trade secret, or other intellectual property
rights, privacy rights, or any other legal or moral rights of any
third party;You voluntarily agree to waive all "moral rights" that
You may have in Your User Submission;Any information contained in
Your User Submission, other that User Input, is not known by You to
be false, inaccurate, or misleading;Your User Submission does not
violate any law (including, but not limited to, those governing
export control, consumer protection, unfair competition,
anti-discrimination, or false advertising);Your User Submission is
not, and may not reasonably be considered to be, defamatory,
libelous, hateful, racially, ethnically, religiously, or otherwise
biased or offensive, unlawfully threatening, or unlawfully
harassing to any individual, partnership, or corporation, vulgar,
pornographic, obscene, or invasive of another's privacy, provided
that User Input is only subject to the foregoing restriction to the
extent it or its processing via the Services potentially exposes Us
to liability (whether criminal or civil);You were not and will not
be compensated or granted any consideration by any third party for
submitting Your User Submission;Your User Submission does not
incorporate materials from a third-party website, or addresses,
email addresses, contact information, or phone numbers (other than
Your own);Your User Submission does not contain any viruses, worms,
spyware, adware, or other potentially damaging programs or
files;Your User Submission, excluding Private User Input, does not
contain any information that You consider confidential,
proprietary, or personal; andYour User Submission does not contain
or constitute any unsolicited or unauthorized advertising,
promotional materials, junk mail, spam, chain letters, pyramid
schemes, or any other form of solicitation.By submitting a User
Submission, excluding User Input, You grant to Us an irrevocable,
perpetual, transferable, non-exclusive, fully-paid, worldwide,
royalty-free license (sublicensable through multiple tiers) to:Use,
distribute, reproduce, modify, adapt, publish, translate, publicly
perform, and publicly display Your User Submissions (or any
modification thereto), in whole or in part, in any format or medium
now known or later developed;Use (and permit others to use) Your
User Submission in any manner and for any purpose (including,
without limitation, commercial purposes) that We deem appropriate
in Our sole discretion (including, without limitation, to
incorporate Your User Submission or any modification thereto, in
whole or in part, into any technology, product, or service);Display
advertisements in connection with Your User Submissions and to use
Your User Submissions for advertising and promotional purposes.By
submitting User Input, You grant Us a limited, non-exclusive,
royalty-free, worldwide license to use the User Input and perform
all acts with respect to the User Input as may be necessary to
provide the AI Services, and a non-exclusive, perpetual,
irrevocable, worldwide, royalty-free, fully paid license to use,
reproduce, modify and distribute the User Input, excluding Private
User Input, either as a part of the Aggregated Statistics or in
connection with our Machine Learning.We may monitor Your use of the
Services and use data and information related to such use and User
Input (excluding Private User Input) in an aggregate and anonymous
manner, including to compile statistical and performance
information related to the provision and operation of the Services
("Aggregated Statistics"). Additionally, Your User Submissions
(excluding Private User Input) may be fed into or used to improve
our machine learning models ("ML Data"). As between Us and You, all
right, title and interest in the Aggregated Statistics and ML Data
and all intellectual property rights therein, belong to and are
retained solely by Us. You acknowledge that We will be compiling
Aggregated Statistics and making improvements to our AI and machine
learning models based on User Submissions (excluding Private User
Input) and You agree that We may (a) make such Aggregated
Statistics publicly available, and (b) use such information to the
extent and in the manner required by applicable law or regulation
and for purposes of data gathering, analysis, service enhancement
and marketing, provided that such data and information does not
identify You.We may, but are not obligated to, pre-screen User
Submissions or monitor any area of this Website through which User
Submissions may be submitted. We are not required to host, display,
or distribute any User Submissions on or through this Website and
may remove at any time or refuse any User Submissions for any
reason. We are not responsible for any loss, theft, or damage of
any kind to any User Submissions. Further, You agree that We may
freely disclose Your User Submission (excluding Private User Input)
to any third party absent any obligation of confidence on the part
of the recipient.You shall defend Us from and against any and all
actions, proceedings, claims and demands by a third party which
arise out of or relate to Your User Submissions. You shall pay all
damages, costs and expenses, including attorneys' fees and costs
(whether by settlement or award of by a final judicial judgment)
incurred by Us from any such third-party claim.Unauthorized
activitiesTo be clear, We authorize Your use of this Website only
for Permitted Purposes. Any other use of this Website beyond the
Permitted Purposes is prohibited and, therefore, constitutes
unauthorized use of this Website. This is because as between You
and Us, all rights in this Website remain Our property.Unauthorized
use of this Website may result in violation of various United
States and international copyright laws. Because We prefer keeping
this relationship drama-free, We want to give You examples of
things to avoid. So, unless You have written permission from Us
stating otherwise, You are not authorized to use this Website in
any of the following ways (these are examples only and the list
below is not a complete list of everything that You are not
permitted to do):For any public or commercial purpose which
includes use of this Website on another site or through a networked
computer environment;In a manner that modifies, publicly displays,
publicly performs, reproduces or distributes any of this Website;In
a manner that violates any local, state, national, foreign, or
international statute, regulation, rule, order, treaty, or other
law;To stalk, harass, or harm another individual;To impersonate any
person or entity or otherwise misrepresent Your affiliation with a
person or entity;To interfere with or disrupt this Website or
servers or networks connected to this Website;To use any data
mining, robots, or similar data gathering or extraction methods in
connection with this Website; orAttempt to gain unauthorized access
to any portion of this Website or any other accounts, computer
systems, or networks connected to this Website, whether through
hacking, password mining, or any other means.You agree to hire
attorneys to defend Us if You violate these Terms and that
violation results in a problem for Us. You also agree to pay any
damages that We may end up having to pay as a result of Your
violation. You alone are responsible for any violation of these
Terms by You. We reserve the right to assume the exclusive defense
and control of any matter otherwise subject to indemnification by
You and, in such case, You agree to cooperate with Our defense of
such claim.Proprietary rights"EyePop.ai" is a trademark that
belongs to Us. Other trademarks, names and logos on this Website
are the property of their respective owners.We respect the
intellectual property rights of others and encourage You to do the
same. Accordingly, We have a policy of removing User Submissions
that violate intellectual property rights of others, suspending
access to this Website (or any portion thereof) to any user who
uses this Website in violation of someone's intellectual property
rights, and/or terminating in appropriate circumstances the account
of any user who uses the this Website in violation of someone's
intellectual property rights.Pursuant to Title 17 of the United
States Code, Section 512, We have implemented procedures for
receiving written notification of claimed copyright infringement
and for processing such claims in accordance with such law. If You
believe Your copyright or other intellectual property right is
being infringed by a user of this Website, please provide written
notice to Our Agent for notice of claims of infringement:Attn:
DMCAEmail: info@eyepop.aiTo be sure the matter is handled
immediately, Your written notice must:Contain Your physical or
electronic signature;Identify the copyrighted work or other
intellectual property alleged to have been infringed;Identify the
allegedly infringing material in a sufficiently precise manner to
allow Us to locate that material;Contain adequate information by
which We can contact You (including postal address, telephone
number, and e-mail address);Contain a statement that You have a
good faith belief that use of the copyrighted material or other
intellectual property is not authorized by the owner, the owner's
agent or the law;Contain a statement that the information in the
written notice is accurate; and Contain statement, under penalty of
perjury, that You are authorized to act on behalf of the copyright
or other intellectual property right owner.Unless the notice
pertains to copyright or other intellectual property infringement,
the Agent will be unable to address the listed concern.Submitting a
DMCA counter-notificationWe will notify You that We have removed or
disabled access to copyright-protected material that You provided,
if such removal is pursuant to a validly received DMCA take-down
notice. In response, You may provide Our Agent with a written
counter-notification that includes the following information:
#J-18808-Ljbffr
Keywords: Eyepop, Anaheim , Terms and Conditions, Other , San Diego, California
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