These Terms of Use were last updated on 09/02/2023.
Before accessing eyeris.io’s services, please read the following Terms of Use. The present Terms of Use represents a binding agreement between you and EYERIS ENGINEERING SRL („eyeris.io”). By using the services provided by eyeris.io, you hereby acknowledge and agree that you have read, understood and agreed to be legally bound by this agreement. The current Terms of Use contains the conditions under which you agree to use our Services, as well as the code of conduct that we require our users to comply with.
EYERIS ENGINEERING SRL is a company functioning under the laws of Romania, with its registered office at 31 Emanoil Porumbaru, District 1, Bucharest, Romania, VAT number RO45443229, registered at the Bucharest Trade Registry under the number J40/225/10.01.2022, Tel. +40 786 802 514, email: office@eyeris.io.
eyeris.io functions for a limited period of time in a Closed Beta program which consists of free access to the Platform for a selected list of Clients in exchange of feedback from Users. eyeris.io reserves the right to terminate, at any time and with no prior notice, the Closed Beta program, meaning that the access to the Platform shall be made according to Sections 5, 6, 7 below.
1. DEFINITIONS AND INTERPRETATIONS
„Account” means the user account created directly in the application (based on email address, name, password) or created through third party login services (e.g Shopify, Wix, Google, Facebook etc.) with which the user carries out its activities on the eyeris.io Platform;
„Client” means the contracting partner of eyeris.io acting directly or by authorised representatives (such as employees, Client’s collaborators or any other third party authorised by Client) for the purpose of using the Services;
„User” means any person who accesses the eyeris.io Platform through an authorised account for and on behalf of the Client;
„Services” refer to a set of predefined activities provided by eyeris.io upon the Client’s request and to the Client’s interest, including, but not limited to access to and use of the www.eyeris.io website, as well as any website subdomains, linked, or otherwise connected thereto consisting mainly of content creating functionalities;
„Digital Property” or „User Data” means:
o Any user data obtained by user’s integration either through Third Party Integration (Shopify, Wix, Google, Facebook etc.) or by data upload through data feeds (incl. Google Merchant feeds and eyeris.io native feeds), manual upload or any other interfaces/means.
o Any resource taking the form of images, videos, audio, texts, html, SVGs or any type of data uploaded by the user into the eyeris.io Platform. eyeris.io takes no responsibility and is not liable for any property rights infringements done by the user by uploading resources into the eyeris.io platform
„Creative Resources” means any piece of media (images, videos, audio etc.), text styles etc. provided by and proprietary to eyeris.io, already existing within the platform. eyeris.io grants Clients the right to use Creative Resources solely with the purpose of creating Dynamic Templates and Creative Assets.
„Workspace” means a space in the eyeris.io Platform exclusively dedicated to and private to minumum one user, each workspace being linked to multiple Accounts and a single Subscription.
„Creative Assets” means any video, image, text, html, audio, dynamic template etc. generated by the user within the eyeris.io Platform by integrating their Digital Property with eyeris.io Dynamic Templates (pre-generated or created from scratch by the user using the eyeris.io template editor). The number of Creative Assets to be generated is limited as per Subscription tier, and once generated they are available for: (i) download; (ii) share via link; (iii) publish directly on social media platforms; (iv) publish on advertising or campaing management platforms, only for 6 months after their creation date, after which they shall be permanently deleted. eyeris.io Users have full IPR onthe Creative Assets they generate with the eyeris.io platform.
„Preview” is an intermediate step in the process of Creative Assets creation which allows the user to see a preview of the final generated Creative Asset.
„Intellectual Property Rights” means any and all rights, titles and interests in all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics pre-existent on the eyeris.io website/Platform, the trademarks, service marks, and logos contained therein and other intellectual property, in whatever form, that are owned or controlled by us or licensed to us. The pre-existent Dynamic Templates are owned exclusively by eyeris.io, while the templates created from scratch or otherwise edited by users using the eyeris.io Editor remain under User’s property to be used solely for their own benefit and business use, as selling, reselling or exploiting Dynamic Templates for any commercial purposes is strictly forbidden.
„Templates” or „Dynamic Templates” can either mean pre-made videos made by eyeris.io or videos created from scratch by the user using the eyeris.io Template Editor, which are available for users to use by connecting them with their data, edit and generate the Creative Assets.„Law” means the Romanian Law, including any statute, regulation, ordinance or rule of jurisdiction.
„Platform” means the entire eyeris.io system allowing users to create an account and generate Creative Assets for marketing, social media or otherwise internal or external activities, where access is granted based on the purchase of a Subscription and payment of the applicable fees.
„Third Party Integration” means the process of integrating your Digital Property with the Platform via API or any other mean.
„Subscription” means the subscription purchased by the user in order to have access to use the Platform and generate Creative Assets as per subscription tier.
„Third Party Content” – data in the form of images, videos, audio, texts, html, SVGs, graphics, materials or any type of media or data licensed by eyeris.io from third parties incorporated in eyeris.io templates and otherwise available for users to include them in the generated Creative Assets.
„Website” – www.eyeris.io and all its subdomains.
1. AGREEMENT TO TERMS
1.1. These Terms of Use constitute a legally binding agreement made between you („the Client”, „you”, „your”), whether personally or on behalf of an entity and EYERIS ENGINEERING SRL, doing business as eyeris.io ("eyeris.io", “we", “us" or “our”), concerning your access to and use of the www.eyeris.io website, as well as any website subdomains, linked, or otherwise connected thereto (collectively, the “Services”).
1.2. You agree that by accessing the Services, integrating with or directly using the eyeris.io Platform, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE THE USE IMMEDIATELY.
1.3. The present Agreement replaces all understandings or prior agreements, all statements or other communications over/concerning the Services between Client and eyeris.io, regardless if oral or in any written form. The present Agreement does not invalidate your prior obligations to pay any outstanding charges owed to eyeris.io for previously provided Services.
2. OBJECT OF THE AGREEMENT
2.1. The object of the Agreement is the provision by eyeris.io to the Client’s interest of the Services, consisting of a series of functional options for the creation of video content, according to the chosen Subscription tier and the terms and conditions of this Agreement.
2.2. By accepting this Agreement and/or by accessing/using the Services, the Client grants eyeris.io a worldwide, non-exclusive, royalty-free, fully paid-up, fully sub licensable and transferable right and license to: a) access the Client’s Digital Property; b) integrate the Platform and the Services with the Client’s Digital Property; c) use, modify, host, deliver, display process and otherwise use the Client’s data; in each case for the purpose of performing the Services and to create, provide and make available to the Client Previews and Creative Assets in accordance with this Agreement.
2.3. Subject to these Terms of Use, eyeris.io grants the Client: a) a limited, non-exclusive, non-assignable, non-transferable and non-sublicensable right, during the Subscription, solely for Client’s own benefit and business use and in accordance with the Client’s applicable Subscription Tier, to: (i) access and use the Services; (ii) view Previews; (iii) create and receive Creative Assets; b) a perpetual, non-exclusive, non-assignable, non-transferable, non-sublicensable right to publish, share, post and otherwise use the Creative Assets downloaded according to the chosen Subscription tier.
3. DURATION OF THE AGREEMENT
3.1. This Agreement comes into force:
a) in case of free of charge Services – as soon as the Client completes the process of creating an account on the Website, according to Section 8 below;
b) in case of paid Services – as soon as the Client completes the process of creating an account on the Website and makes payment of the Services as per the selected Subscription tier, according to Sections 5, 7, 8 below;
c) on the date the Agreement is signed by both Parties, in case they decide to negociate and conclude a direct agreement, in which case the Client shall adhere to the present Terms of Use.3.2. This Agreement is concluded for an indefinite period of time. The Agreement terminates according to Section 19 below.
3.3. The Services for which you are charged will stop being provided to you by eyeris.io, as soon as the Subscription that you have purchased expires.
4. LOCATION OF THE ACTIVITIES STIPULATED IN THE AGREEMENT
The activities stipulated in this Agreement shall be performed at the registered office or working points of EYERIS ENGINEERING SRL. We are registered in Romania and have our registered office at 31 Emanoil Porumbaru, District 1, Bucharest, Bucharest 011422. Our VAT number is RO45443229.
5. PAYMENT TERMS
5.1. The prices of the Services are exclusively the ones provided on the eyeris.io Website at https://www.eyeris.io/pricing as accepted and used by the Client by placing the order. The prices for the Services are expressed in USD and EUR and are exclusive of VAT or any other additional fees.
5.2. Payments will be managed by a third party provider, Stripe Payments Europe Limited, or through Third Party marketplaces, if applicable.
5.3. The Client agrees to pay in advance to eyeris.io all charges applicable to the Subscription tier that has been selected by Client, as available on eyeris.io. The charges for the Services may be changed by eyeris.io at any given moment, without prior notice, and the new charges shall become applicable the next billing cycle chosen by Client (monthly or yearly). The new charges shall be made available on the Website in an easy to access manner.
5.4. Client’s payment to eyeris.io should be considered to be validly made when eyeris.io receives it and only after Client receives access to the Services ordered.
5.5. In case the Subscription payment fails, eyeris.io reserves the right to limit, temporarily or permanently suspend or terminate User’s access to the Platform.
5.6. The Client shall receive an invoice within 7 working days after payment is received.
5.7. All fees payable hereunder are non-refundable unless otherwise mentioned in this document.
5.8. eyeris.io is not/cannot be held responsible for any other additional costs borne by the Client, including but not limited to currency conversion fees applied by the issuing bank of his card, if the currency of his issuance differs from the used currency. The responsibility for this action lies solely with the Client.
5.9. The payment card data of the User/Client will not be accessible to eyeris.io nor will it be stored by eyeris.io, but by the payment processor integrated in the Website, an entity authorized to provide card identification data storage services, whose identity shall become known to The User/Client, prior to entering the data.
5.10. eyeris.io provides the service in the field of registration and storage of user payment card data through the entity authorized to provide card data storage services, Stripe Payments Europe Limited, a company incorporated and operating under the laws of Ireland, registered in Dublin, , having its registered office located at 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland.
5.11. Personal data contained in the tokenization database will be processed in accordance with the provisions of applicable law, in particular Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and the free movement of such data, which repeals Directive 95/46/EC (hereinafter "GDPR"). eyeris.io, as the operator of the personal data contained in the tokenization database, entrusts Stripe Payments Europe Limited with the processing of the data mentioned above, for the purpose necessary to provide the tokenization services.
6. SERVICE DESCRIPTION
6.1. eyeris.io provides a series of tools that can be used by companies and/or individuals to create automated video content for their business. The Platform provides functionalities that allow the creation of video content based on metadata which comes from items such as products, people, events, brands, and more.6.2. Each Subscription shall entitle the User to create a Workspace on the Website. If an User wants to create two or more Workspaces, he shall acquire a Subscription for each Workspace.
6.3. The User is the Account admin who is able to give additional access to the Workspace to other users through invites via email. The invited users can have different roles within the platform (admin, write, read). The admins are the only ones with the right of manipulating Workspace settings, including inviting more Workspace users. The Workspace admins must be aware and assume that their Digital Property will be visible to each Workspace user, and can be used by them according to each user rights. eyeris.io does not assume any type of infringement that may result from the data sharing process between Workspace users.
6.4. The User shall integrate its Digital Property with eyeris.io Dynamic Templates (pre-generated or created from scratch by the user using the eyeris.io Template Editor) in order to create Creative Assets.
6.5. A Preview will be available for the User before finalizing the Creative Assets. eyeris.io has full discretion in determining the amount of Previews made available to you and their content. eyeris.io may limit the number of Previews available in any specific time period.
6.6. The Creative Assets generated with the eyeris.io platform will be available either for: (i) download; (ii) share via link; (iii) publish directly on social media platforms; (iv) publish on advertising or campaign management platforms. The Creative Assets will be available only for 6 months after their creation date, after which they shall be permanently deleted. For the publish option, the User agrees that eyeris.io integrates with their social media account and has access to their profile information.We shall not use this information for any other mean other than facilitating the intended action of content publishing on the User’s account.
6.7. eyeris.io reserves the right to remove, modify and/or add any tool, functionality and/or feature of the Platform and/or Services at any time, without any notice to Client and for any reason whatsoever, some of which may in any event be limited, suspended or restricted by geography, volume, duration or any other criteria determined by eyeris.io.
6.8. eyeris.io will allow and facilitate User feedback, suggestions, reviews, ideas for improvement etc. However, eyeris.io is not obligated to take any actions in this regard and we reserve the right to make such feedback public. At the same time, if we decide to improve/add a functionality based on User feedback, this is not considered as copyright infringement in no way as eyeris.io will remain the sole owner of said functionality. The User retains no ownership whatsoever.
7. SUBSCRIPTIONS
7.1. eyeris.io provides a Free Trial plan, in which, for a limited number of days, the Users can test out the Platform and generate a limited number of Creative Assets, which are watermarked with the eyeris.io logo.
7.2. eyeris.io has several Subscription tiers, their price being based on the following criteria: the number of Creative Assets generated, irrespective of how the User choses to use them or not, the number of Previews, storage, bandwidth. The Subscription tiers are available on the eyeris.io Website and can be subjected to modifications.
7.3. The Subscription will renew monthly or yearly as per User’s choice, and the Subscription may be terminated either directly within the Platform from User account or by emailing office@eyeris.io. Unless otherwise specified in this Agreement, there is no refund, however the User will continue having access to the Platform up until the Subscription period ends.
7.4. A Subscription plan change will be possible at any moment and will take effect at the end of the current Subscription period.
8. ACCESS TO WEBSITE AND USE OF SERVICES
8.1. In order to access the Services provided by eyeris.io, Client must set up an User account on the Website. In order to do so, the Client shall access www.eyeris.io website and click on the „Sign up” section where a fill-in form shall appear. The Client shall fill-in the data with maximum attention in order for the information to be correct. The form allows the identification and correction of the errors before submitting them. After completing the form, the Client will receive an e-mail containing an account activation link which they have to access in order to set up their account password. After completing all the registration steps , an automated email with confirmation shall be sent to Client’s email address. In order to correct and modify any errors occurred when data are introduced, the Client shall access the Settings section from the User Account for changing the Name and the Password, or send an email at office@eyeris.io for other type of corrections/modifications. Client is responsible for maintaining the confidentiality of the password and of the account information, and for all activities that occur under the password and/or account. We should not be held liable if unauthorized persons make use of the password or account. Any suspicions of unauthorized use of your User account must be immediately and properly notified at office@eyeris.io, in which case eyeris.io has the right, but not the obligation, to investigate the matter brought to its attention and propose according measures. eyeris.io should not be held liable for any damages caused to Client if such situations occur.
8.2. eyeris.io grants to Client permission to access the Website and Services under the following terms and conditions:
a. Users should be above 18 years old and have the legal capacity to create an Account in the name of an organization or for themselves;
b. Complying to local and/or industry specific laws is the obligation of each User using the Website;
c. the eyeris.io Platform will be integrated with several Third Parties, such as E-commerce platforms, so the Client shall comply with these platforms’ terms of use and privacy policies (You can visit Shopify’s Terms of Service at https://www.shopify.com/legal/terms); the Client acknowledges that eyeris.io may modify, suspend or terminate the Services and/or the Agreement as a result of or pursuant to any instruction, policy, condition, term, feature, practice, functionality or operation made, implemented, published or programmed by these platforms;
d. The Client warrants that all information submitted are current, complete and accurate, as required by the registration process or in other sections of the Website and agrees to maintain and update this information as needed to keep it current, complete and accurate. You grant eyeris.io the right to independently verify any information that you provide to eyeris.io and/or in connection with the Services, including without limitation your Account Information, but eyeris.io does not have the obligation to do so. eyeris.io reserves the right to suspend access to the Services, if it is discovered that the information submitted by Users does not comply with the requirements listed above. eyeris.io reserves the right to refuse registration of, or cancel accounts it deems inappropriate.
e. It is strictly forbidden to reproduce, duplicate, copy, sell, resell, exploit, or disclose to other persons (including but not limited to service providers, competitors), for any commercial purposes, any aspect, part, or functionality of the Website and Services;
f. Any interventions that might cause temporary or permanent dysfunction to the Website are strictly forbidden;
g. It is strictly forbidden to interfere with or disrupt the Website or Services or servers or networks connected to the Website or Services, except for those changes necessary to the best use of the Website;
h. It is strictly forbidden to defame or in any other way harass or invade the privacy of other members;
i. It is strictly forbidden to send any unsolicited or unauthorized advertising or promotional materials. Undertaking such actions will lead to the automatic suspension of your Account. Client acknowledges that he is liable and responsible for all actions that do not comply with the applicable law.
j. You may not and may not permit/allow anyone to submit Digital Property which is, or use Creative Assets in a manner that contains software viruses, Trojan horses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any data or information;
k. Client acknowledges himself liable and responsible for all actions that infringe the legal rights of third parties. If such actions can be traced back to Client, we reserve the right to suspend that Account.
l. eyeris.io reserves the right to suspend accounts using domain or subdomain names that are harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or that otherwise degrade or intimidate individuals or certain groups on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability, etc.
m. It is strictly forbidden to use the Services with the purpose of conducting illicit activities, so deemed according to the applicable law. All such activities should lead to the suspension of the User Account. No Client may utilize the Services to promote in order to provide, sell or offer to sell the following: replica products; controlled substances; illegal drugs and drug; weapons; pirated materials; instructions on making, assembling or obtaining illegal goods or weapons of any kind to attack others; information used to violate the copyright(s) of, violate the trademark(s) of or to destroy others' intellectual property or information; information used to illegally harm any people or animals.
n. eyeris.io reserves the right to suspend access to any User Account at any time, in case of suspicions regarding the authenticity and accuracy of the information transmitted via the Website or Services;
o. The Client/User is exclusively liable for all actions conducted by using the Services and for all the content transmitted via the Website or Services;
p. It is strictly forbidden to create an Account for anyone else or use the account of other user without their permission;
8.3. Links to other websites or resources may be provided by eyeris.io or by third parties. As control over such sites and resources cannot be performed, by using the Website and Services you acknowledge and agree that eyeris.io is not responsible for the availability of such external sites or resources, that we do not endorse and that eyeris.io is not responsible or liable for any content, advertising, products, product information or any other materials that are made available on or through these websites. Furthermore, Client acknowledges and agrees that any damage or loss caused, or allegedly caused, by the use of such external resources will not be accounted to eyeris.io or any of its third parties.
8.4. For every email message sent in connection with the Services, Client acknowledges and agrees that as recipient of Services has also agreed to receive such communication and that he shall not engage in the act of sending unsolicited emails. Please consult our Privacy Policy to get more information regarding how we use your personal data.
8.5. In order to make User experience as safe, simple and smooth as possible, eyeris.io shall be able to provide help to the User through a support email address –support@eyeris.io. For this purpose and only for User’s interest, the User grants eyeris.io access with this support email address to User’s Workspace only in the following cases:
a) When User has difficulties in using Website’s functionalities or stops in the middle of a process, which prevents the User from going further with their operations. In this case, eyeris.io shall have the option to send an e-mail to Client in which to ask if they need any help or instructions to get over the blockage;
b) For security reasons when there is a security incident (e.g. a virus);
c) At the express request of the Client in any other cases.
8.6. eyeris.io reserves the right to decline your request to use other eyeris.io services.
8.7. Client represents, covenants, and warrants that Client will use the Services and Website only in compliance with this Agreement and with the privacy policies available at https://www.eyeris.io/privacy-policy (including but not limited to policies and laws related to spamming, privacy, obscenity, defamation, etc.). Client hereby agrees to indemnify and hold harmless eyeris.io against any damages, losses, liabilities, settlements, fines and expenses (including without limitation of costs incurred and reasonable attorneys fees) in connection with any claim or action that arises from an alleged violation of the foregoing or other rules of public order.
8.8. Client/User may cancel his account at any time. By canceling an User account, the User shall no longer have access to the Workspace. However, the Workspace is deleted only after all admin accounts that have access to the Workspace are cancelled.8.8. For the accounts that have been cancelled or deleted for any reason, all their information will be permanently deleted.
9. RESPONSIBILITY FOR CONTENT
9.1 Client acknowledges their responsibility for all Digital Property integrated on the Website.
9.2 Client undertakes that he is the owner of all the materials/contents integrated and if the case may be the Client fully guarantees to keep eyeris.io unharmed in all situations by getting all the appropriate consents or permissions from third parties before making use of their materials/contents in any way, including for reproduction and distribution on other platforms or channels. eyeris.io takes no responsibility and is not liable for any property rights infringements done by the user by uploading their Digital Property to the eyeris.io Platform;
9.3 Client agrees not to use subdomains or domains or integrate any content that infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party, unless he holds the owners’ consent to perform such an action.
9.4 Client will not use any content that might harm eyeris.io or other third parties.
9.5 Client will not use any content that is false, inaccurate, illegal, harmful, abusive, harassing, vulgar, privacy invasive or that offends or intimidates individuals or groups of individuals with regard to gender, age, race, ethnicity, religion, sexual orientation or disabilities.
9.6 Client will not use any content promoting illegal activities.
9.7. Although eyeris.io has no obligation to monitor the content provided by Client or Client's use of the Services, eyeris.io may choose to do so and may remove any such content or prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing and other rules of public order.
10. WARRANTY DISCLAIMER
Client uses the Services at its own risk. Unless expressly provided in this Agreement or as required by applicable law, eyeris.io does not warrant that the Services will be uninterrupted or error free; nor does it make any warranty as to the results that may be obtained from use of the Services. The Services are provided "as they are" and eyeris.io disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and suitability for a particular purpose and non-infringement.
11. LEGAL OBLIGATIONS AND LIMITS OF LIABILITY
11.1. Any matter in relation to or arising from the use of the Website, including any breach or alleged/suspicioned breach of these Terms of Service, or your violation of any law or of the rights of any third party that can lead to a third party soliciting claims and/or damages to us and our partners and employees, will be fully undertook, covered and compensated by you.
11.2. Any liability for damage to Client’s computer system or loss of any data resulting from the use of the Website shall not be under eyeris.io’s responsibility. No matter the circumstances, eyeris.io does not guarantee the integrity of the files that you may download or that they are free of viruses, contamination or other types of threats.
11.3. eyeris.io uses a cloud computing platform (Amazon Web Services) for hosting and storage purposes for our Platform; data back-up is not assured by eyeris.io as service provider and the Client acknowledges that eyeris.io shall not be liable to any data loss within the Platform. The Client has sole responsibility for adequate protection and backup of data and/or equipment he uses in connection with the Services, including, but not limited to, Digital Property and Creative Assets.
11.4. In no event eyeris.io should not and cannot be held liable whether in contract, tort (including negligence, strict liability or otherwise), for any indirect, punitive, special, exemplary, incidental or consequential damages (including, but not limited to, lost savings, lost profit, lost goodwill, lost or corrupted data or business interruption, any loss of, or damage to reputation and/or the cost of procuring any substitute goods or services), even if notified in advance of such possibility.
11.5. eyeris.io should not and cannot be held liable for the loss of data that results from Client’s direct or indirect actions. If data, depending on their nature, can be recovered, the recovery is Client’s sole responsibility. eyeris.io does not warrant that all data lost can be recovered and cannot be held liable for the integrity of the recovered data.
11.6. eyeris.io shall not be liable for the contents provided by the Client. In this case, to the extent that eyeris.io should have claims from clients or third parties, eyeris.io immediately transfers liability for these claims to Client; Client agrees to immediately accept and give effects to the transfer of liability.
11.7. Neither of the parties to this Agreement shall be liable to the other party for breakdowns that occur outside the sphere of influence of the contractual parties (force majeure, fault of a third party, failure of communication networks and gateways of other operators or breakdowns that lie within the sphere of risk of other network providers etc.).
11.8. eyeris.io should not and cannot be held liable for the automatic and definitive elimination from the system of accounts already suspended for inactivity and their associated content.
11.9. Under no circumstances whatsoever will eyeris.io be responsibile or liable in any manner whatsoever for any user data, including, without limitation, for any errors or omissions therein, for any infringement of third party rights, or loss or damage of any kind incurred as a result of the collection or use by eyeris.io of the user data or its inclusion in Creative Assets.
11.10. eyeris.io will not be responsabile for how the Creative Assets are used.
11.11. eyeris.io shall collect data and insights as Users use the Platform, necessary for its AI algorithms to learn user preferences and improve. This data shall not be used for any other purpose than described above.
11.12. The aggregate liability of eyeris.io under, or otherwise in connection with, this agreement shall not exceed the amount of fees paid by Client to eyeris.io in the twelve (12) month period immediately preceding the date giving rise to liability.
11.13. The foregoing exclusions and limitations shall apply: (a) even if eyeris.io has been advised, or should have been aware, of the possibility of losses, damages, or costs; (b) even if any remedy in this agreement fails of its essential purpose; and (c) regardless of the theory or basis of liability (including without limitation breach of contract, tort, negligence and strict liability).
12. INDEMNIFICATION
Client agrees to defend, indemnify and hold harmless eyeris.io and its officers, directors, owners, agents, employees, advisers and consultants, from and against any claims, actions, demands, liability, damages (including legal and professional fees) asserted by any third party and arising from Client’s use of the Services, Client’s conduct, content, communications, alleged infringement of third party intellectual property or privacy rights, or violation of this Agreement.
13. LIMITATION OF REMEDIES
Client agrees that if eyeris.io breaches this Agreement, his sole and exclusive remedy will be to terminate this Agreement and your relationship with eyeris.io. This applies regardless of whether the remedy fails in fulfilling its essential purpose.
14. SERVICE AVAILABILITY
eyeris.io reserves the right to change the structure and interface of any page of the eyeris.io website at any given time and without prior notice and to suspend access to the Services temporarily or permanently, partially or in whole. eyeris.io will fulfill its obligations to you until the expiration date of the Subscription tier paid by you in advance.
15. TRADEMARK INFORMATION
"Eyeris" and the eyeris.io logo are trademarks of EYERIS ENGINEERING SRL. You agree not to display or use, in any manner, the trademarks or any related content without prior permission from EYERIS ENGINEERING SRL.
16. INTELLECTUAL PROPERTY RIGHTS
16.1 Subject to the limitations and terms of this Agreement, eyeris.io grants to the Client a non-exclusive, non-transferable license for the use of the Platform, and other materials available based on or in relation to the Agreement only and to the extent to which these are required for the use of the Services provided hereunder.
16.2 All the Intellectual Property Rights provided to the Client based on or in relation to this Agreement, are and shall only be held by eyeris.io. The pre-existent Dynamic Templates and Creative Resources are owned exclusively by eyeris.io, while the Client is granted a license to use them only for the purpose of producing the Creative Assets within our Platform, as provided by this Agreement. The Dynamic Templates created from scratch or otherwise edited by Users using the eyeris.io Editor remain the User’s property to be used solely for their own benefit and business wise, as selling, reselling or exploiting Dynamic Templates for any commercial purposes is strictly forbidden.
16.3 eyeris.io is not liable for any proprietary rights infringement committed by the Client/User and shall in no case be held responsible for such infringement. In case such infringement comes to our knowledge, eyeris.io has the right, but not the obligation to take all the reasonable steps required to ensure, that the Client’s use of the Platform in relation to the Services does not infringe the copyrights or intellectual property rights of a third party. In this case, eyeris.io can even close the User account, without being held responsible for such action.
16.4 The Client is aware of the fact that eyeris.io may use Third Party Content in the provision of the Services and agrees to comply with all the rules and restrictions that eyeris.io imposes with relation to said content. In no case shall eyeris.io be responsible for the Client’s breach of such rules and restrictions.
17. CHANGES TO TERMS OF USE
17.1. We are constantly making improvements to the Website and to the Services we provide you, therefore we reserve the right to make necessary changes to these Terms of Use at any time, including to Subscriptions, without prior notice to the individuals accessing the Website or using the Services (that will be further referred to as "you" or "the Users"), unless required by law.
17.2. All changes will take effect 10 (ten) days after they have been made public in the relevant area of the Website. Modifications regarding subscriptions wil apply starting the next billing cycle for each user (monthly or yearly). By accessing or using the Website and Services, you accept and agree to all such changes. If you do not agree to all such changes, you must immediately cease using the Website and/or Services.
17.3. The Users must make sure to check for any updates themselves on the Website, as eyeris.io will keep a „last updated” mention.
17.4. In case major changes are brought to Terms of Use, we will send you an email to inform you about such changes and/or ask for your consent, as required by the applicable Law.
18. GOVERNING LAW AND LITIGATION
18.1. The Client undertakes to comply with applicable Law in connection with his use of the Services and/or Creative Assets.
18.2. All legal relationships (including matters of interpretation, validity and execution) arising from this Agreement shall be subject to the laws of Romania. The United Nations Convention for the International Sale of Goods shall not apply.
18.3. If the Client has any complaints, he shall submit them at office@eyeris.io. eyeris.io shall respond to any such complaint within 30 days since receiving such complaint.
18.3. All disputes arising out of or in connection with this Agreement shall be settled amicably by the parties.
18.4. If the The Client – natural person acting in his capacity as consumer - does not receive any answer within 30 days or is unsatisfied with the answer received, he can choose between the following options: (i) follow the alternative mechanism to settle disputes (SAL/ODR); (ii) address the competent courts of justice of Bucharest, Romania.
18.5. Pursuant to art. 18.4. above, in order to alternatively resolve disputes, the Client's notification or complaint may be submitted, in writing, directly to the Directorate for Alternative Dispute Resolution of the National Authority for Consumer Protection at the following contact details: address Bucharest, Bulevardul Aviatorilor no. 72, district 1, postal code 011865, tel: 021.307.67.69; fax: 021.314.34.62, e-mail: dsal@anpc.ro, https://anpc.ro/. The Directorate for Alternative Dispute Resolution of the National Authority for Consumer Protection is competent to resolve alternatively national and cross-border disputes arising from sales contracts or service contracts concluded with a trader operating in Romania and is included in the list of alternative dispute resolution entities available at the following link: https://ec.europa.eu/consumers/odr/main/?event=main.adr.show2. SAL is an alternative mechanism through which the consumers have the possibility to solve potential litigation when they are confronted with a problem resulting from acquiring goods or services.
18.6. Pursuant to art. 18.4. above and according to the provisions of Regulation (EU) no. 524/2013 on online dispute resolution for consumer disputes and amending Regulation (EC) no. 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR), the Client has the possibility to opt for the out-of-court settlement of possible disputes, by using the European online dispute resolution platform (ODR platform), a digital tool created by the European Commission to facilitate the independent, impartial, transparent, effective, expeditious and equitable settlement, by extrajudicial means, of disputes concerning contractual obligations arising out of contracts for the sale or provision of online services between a consumer resident in the European Union and a trader established in the European Union. In this regard, the Client can access the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=RO?ref=footer_4_5
18.7. The Client understands that the SAL and ODR are not two different mechanisms, but they are a single instrument with the same purpose. The difference between these mechanisms consists of the conditions for access: SAL provides a classical approach, through email or paper, while ODR platform provides an online digital form.
18.8. Any claims the Client who is a legal person might raise against eyeris.io, shall be settled by cancelling the subscription by the Client. No refunds shall be paid for the past or current billing period. By agreeing the current Terms of Use, the Client confirms they will not initiate any legal action against eyeris.io.
19. TERMINATION AND WITHDRAWAL RIGHT
19.1. In case of termination of the Third Party Integration (ceased, revoked etc.) for any reason, this current Agreement terminates and all Client data will be lost, the Workspace and all the generated Dynamic templates and Creative Assets will be deleted.
19.2. In case of eyeris.io Account termination by User choice, this current Agreement terminates and all Client data will be lost, the Workspace on which the User had the last admin role, and all Digital Property uploaded, generated Dynamic Templates and Creative Assets within the Workspace will be deleted within 7 days. In case User Account is cancelled, the Workspace will be deleted only after all admin accounts that have access to the Workspace are cancelled/deleted. In case of payment failure, this Agreement terminates and all the Workspaces associated with the Subscription, together with all Digital Property uploaded, generated Dynamic Templates and Creative Assets within the Workspace will be deleted within 7 days. In the event of using our Services through Third Parties such as E-commerce platforms, all Client data shall be erased within 7 days since receiving the uninstall notification from the E-commerce platform; in such case, this Agreement terminates upon uninstall of the application.
19.3. We reserve the right to terminate the Account, suspend User’s access in the account or revoke the access to the Platform or part of the Platform irrespective of reason (breach of this agreement, third party claims of user data, or no reason at all, for simple convenience). We shall notify users 5 days prior to the action. In this case, it remains our sole decision whether we choose to erase all Account and Workspace data immediately or preserve it for a maximum of 7 days.
19.4. Upon termination of the Agreement, the Account will be closed, the Client shall immediately cease all access to and use of the Services and the Subscription shall terminate.
20. NOTICES
The Notices sent with regard to this Agreement shall be in written. eyeris.io shall send notices to Client by email or via the User Account. The Client shall send notices to eyeris.io to office@eyeris.io.
21. FORCE MAJEURE
21.1. Force Majeure exempts eyeris.io from liability, as provided by the Law.
21.2. Any event independent from eyeris.io’s will, unpredictable and insurmountable, occurred after the conclusion of the Agreement and which prevents eyeris.io from fully or partially complying with its obligations hereunder, shall be considered a Force Majeure event.
22. PRIVACY POLICY
22.1. Please read the Privacy Policy regarding the processing of personal data, which is part of this Agreement.
23. OTHER PROVISIONS
23.1 Both Parties undertake to treat with strict confidence all data, information and documents that they become aware of on the basis of their cooperation and which are liable to secrecy. Passing such information or its use to third parties, requires the prior consent of the other party to the Agreement. Parties shall also impose the obligations to secrecy, which they have undertaken on all of those who are entrusted by the parties with information or services arising from this Agreement. This prohibition shall not apply for announcements made solely for internal distribution or notification to parties obliged by Law or contract to maintain silence on such matters. The exceptions to the provisions of this item include: mentioning the contractual parties and giving general descriptions of the subject-matter of the Agreement in press releases, offers or other marketing documents that belong to the parties to the Agreement. Irrespective of a termination of this Agreement, for whatever reason, the obligations in accordance with this item shall contain to exist for the duration of 12 (twelve) months even after the termination of the Agreement.
23.2. eyeris.io may assign Third Parties to provide the Services owed.
23.3. No agency, partnership, joint venture, or employment is created as a result of this Agreement, and Client does not have any authority of any kind to bind eyeris.io in any respect whatsoever.
23.4. Should individual provisions of this Agreement be wholly or partially invalid, this shall not affect the validity of the rest of the Agreement. The parties undertake to replace invalid provisions with valid ones, such that the economic objective pursued by this Agreement shall be achieved as complete as possible. This applies accordingly should there be an unwanted loophole in the provisions or provisions which are impracticable.
23.5. This Agreement has been executed in the English language, which shall be the binding and controlling language for all matters relating to the meaning and interpretation of this Agreement.
24. THE RIGHT OF WITHDRAWAL
A. Withdrawal conditions
Right of withdrawal
In case you are a natural person under the jurisdiction of EU laws, you have the right to withdraw from this contract, without specifying the reasons, within 14 days since this Agreement is concluded. The withdrawal period expires after 14 days from the day this Agreement is concluded.
In order to exercise your right of withdrawal you must inform us, EYERIS ENGINEERING SRL, 31 Emanoil Porumbaru, District 1, Bucharest, Romania, Tel. +40 786 802 514, email: office@eyeris.io, of your decision to withdraw from this contract, using an unequivocal statement, for example, a letter sent by post or e-mail. For this purpose, you can use the adjacent withdrawal form template; however, its use is not mandatory.
In order to comply with the withdrawal deadline, it is sufficient to send the communication on the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of withdrawal
If you withdraw, we will refund any amount we have received from you, without unjustified delay and, in any case, no later than 14 days from the date on which we are informed of your decision to withdraw from this Agreement. We will make this refund using the same payment method as the one used for the initial transaction, unless you have expressly agreed to another refund method; In any case, you will not be charged a fee as a result of such a refund.
However, if during the withdrawal period, you have started using the Services after the sign up, meaning that you logged into your Account and created a Workspace, then it is considered that you gave your express consent to start the performance of the Agreement and thus you confirm that you have renounced your withdrawal right. In this case, we are not obliged to provide the refund. However, you will continue to have access to your Subscription until its expiration.
B. Withdrawal form template
This form will only be returned completed if you wish to withdraw from the contract.
- To EYERIS ENGINEERING SRL, 31 Emanoil Porumbaru, District 1, Bucharest, Romania, Tel. +40 786 802 514, email: office@eyeris.io
- I hereby inform you of my / our withdrawal from the contract relating to the provision of the following Services
- Order on [date]
- Name of consumer (s) [...]
- Address of the consumer (s) [...]
- Signature of the consumer (s) (only if this form is notified on paper)
- Date [...]
eyeris.io Terms of Use, effective date August, 2022.
