These terms and conditions (“Terms”) govern the access to and use of the website (“Website”) and offer of products and services (“Services”) of eyeOS S.L. (“eyeOS” or “we/us”), made available to users (“you” or “user/s”) at http://www.eyeos.com.
Agreement. Use of the Website indicates that you agree to be bound by these Terms. Breach of any part of the Terms may result in suspension or termination of your eyeOS account. You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into these terms.
A. Us
Purpose.
This website describes our activities, offer of products and services, community relations and networking. Through the “my.eyeos” sub-sites, we enable users to access and temporary use of our eyeOS demo software, subject to these Terms.
Website content.
We own or are licensee of all intellectual and industrial property rights in the website content, eyeOS software and Demo Service. Access to and use of our web content and/or services does not imply any transfer of all or part of these rights to you.
Trademarks.
You will not use our trade marks, trade names, logos, domain names, other distinctive brand features or any copyrighted material or which are associated with the eyeOS software and/or services without our consent.
Privacy policy.
Our privacy policy is part of these Terms and is set out at the following page: Privacy Policy.
B. You
Interactive services.
This Website includes and provides certain interactive services (blogs, forums, wiki, etc.). You agree to use the Website and Services in accordance with these Terms and applicable law. In particular, you will not submit unlawful content according to the national, community or international law or content contrary to good faith or that violates third party rights (including intellectual or industrial property rights, image rights, reputation and honour, etc.). You agree to respect our Code of Conduct.
User content.
You are solely responsible for all materials that you transmit to us or upload, post or otherwise publicly make available on the Website. You grant us a worldwide, irrevocable, royalty-free, non-exclusive, sub-licensable license to use, reproduce, transform, publicly communicate and distribute any such content for the purposes of (i) displaying it on our Site, or (ii) distributing it, either electronically or via other media, to other Users. In no circumstances shall such content be attributable to us.
Responsibility for content.
We do not control or supervise any user content, except when required to by applicable law or competent court or administrative decision. We do however reserve the right to eliminate at any time any content that infringes or may infringe these conditions or prevent its display until proof is provided of ownership of the material provided or the legality of the Content.
Exclusion.
We reserve the right to exclude any User from the Website and Services without prior warning should he/she breaches these Terms.
C. Demo Service and trial download.
Demo Services.
You can register for our demo services (“Demo Service”) according to these conditions. The Demo Service is a work in progress, and we reserve the right to modify, suspend, or discontinue the Demo Service at any time for any reason. Notice of any suspension or termination will be given in accordance with these terms. We try to provide access to the Demo Service immediately. We reserve the right to refuse the Demo Services to anyone for any reason.
Registration.
To register, you must create an account by completing the corresponding form with your details and agreeing to these Terms. The passwords are confidential and is therefore your responsibility to safeguard and ensure their correct use. You agree to notify us immediately upon learning of any unauthorised use of your Account or any other breach of security known to you. On confirmation of the account, you are granted a limited, revocable, non-exclusive and non-transferable license to use the Demo Service in accordance with these Terms.
Term.
The account shall be activated and remain in force unless terminated by either us or you hereunder. You may cancel your account at any time. All cancellations should be addressed to: info@eyeos.com. We may suspend or cancel your registration immediately in case of breach by you of these Terms, by written notice. We may provide you 30 days’ notice of termination in any other circumstance. On termination for any reason, your access to your account and all of its content will be disabled and your content deleted, except as maintained in backups (for back-up retrieval purposes only or for any contingency).
Responsibility and Use.
You are responsible for all activities undertaken under your account. You are data controller of all personal data submitted via the Demo Service, and EyeOs is data processor. For more information, see our Privacy Policy. You agree not to use the Demo Service for any illegal or unauthorized purpose or any activity that infringes third party rights. You may not use the Demo Service for commercial purposes or in any manner that may deteriorate the service. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) or our Code of Conduct. You agree to indemnify and hold us harmless to the fullest extent allowed by law regarding all matters related to your use of the Demo Service.
Security.
You understand that the Demo Service can be used for transmission of your Content, and that during processing, your Content, including Client names, project names, task details, and account information may be transferred unencrypted over the internet. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account). In addition, by using the Service to send Content you upload or provide to the Service, or by using the Service to send Content, you hereby expressly agree that others may view and share your Content.
Support.
We try to provide the Demo Service 24/7, however due to maintenance, security or capacity issues, and also to some events over which we may not influence (force majeure), the Website and Services may be temporally suspended or affected.
Trial download.
you may apply to download our trial version of our Professional Edition, providing your contact details (subjected to our privacy policy). In the process of downloading and installing, you will need to accept our 30 day / 100 Registered Users Trial License terms. Support is provided on a discretionary basis for the Trial software, by contacting us at support@eyeos.com
D. General
Links.
Our Site contains links to third party Internet sites. We make no representation whatsoever nor accept any responsibility about such sites nor have any control over them. Any third-party content or a link to a third-party site is for informational purposes only.
No warranty.
Except as established by mandatory applicable law, your use of the Website or Demo Service, including any content, information or functionality contained within it, is provided “as is” and “as available” with no representations or warranties of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Liability limitation.
To the extent permitted by law, in no case is eyeOS, its affiliates nor its sponsors are responsible or liable for any direct or consequential loss, including without limitation, damages, loss of profits, loss of business goodwill or reputation, business interruption, equipment failures or other damage or loss, arising out of or relating in any way to (i) the use or the inability to use the website and service; (ii) unauthorized access to or alteration of your transmissions or data; or (iii) statements or conduct of any third party on the website service.
Indemnification.
You agree to indemnify eyeOS, and its agents, directors, officers, employees and partners against any loss, liability or cost arising out of your breach of any of these Terms or of any applicable laws, rules or regulations or any third party rights in connection with your use of the Website and/or Services.
Contact and notifications.
You agree to receive our email notifications related to the website and services. We will not share your email with 3rd parties. We may contact you for information and service notifications relevant to your account or when required by law. You hereby acknowledge and consent that such notices will be effective upon our posting them on our Sites or delivering them to You through e-mail. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you.
Applicable Law and Jurisdiction.
Any conflict arising out of or in relation to the application, interpretation or performance of these Terms and the use of the Website and Services, will be submitted exclusively to the jurisdiction of the Court of Barcelona, Spain.
Contact.
Any questions regarding eyeOS, our products and services or these Terms should be addressed via the online web form or to info@eyeos.com. eyeOS,S.L. is registered in Barcelona CIF: B-64392756 Registered address is Las Ramblas, 140 4C 08002 Barcelona, Spain.
