Terms of Use
Last updated: December 2024
Welcome to EyeOn LLC. These Terms of Use ('Terms') govern your use of our website, digital signage services, shopping center management platform, and related services (collectively, the 'Services'). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.
Acceptance of Terms and Eligibility
By accessing, browsing, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. You represent that you are at least 18 years old and have the legal capacity to enter into this agreement. If you are using our Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms. **Modification of Terms:** We reserve the right to modify these Terms at any time. We will notify users of material changes through email, website notice, or other appropriate means. Your continued use of our Services after such modifications constitutes acceptance of the updated Terms.
Description of Services
EyeOn LLC provides comprehensive digital signage and shopping center management solutions, including: **Core Services:** - Digital signage management and content delivery - Shopping center portal and management platform - Interactive wayfinding and mapping solutions - Event management and promotion tools - Retailer communication and collaboration tools - Analytics and reporting services - Mobile applications and web interfaces **Service Availability:** - Services are provided on a subscription basis - Availability may vary by region and service tier - We reserve the right to modify or discontinue services with notice - Maintenance windows may temporarily affect service availability
User Accounts and Registration
To access certain features of our Services, you must create an account: **Account Requirements:** - Provide accurate, complete, and current information - Maintain and update account information promptly - Use a strong, unique password - Notify us immediately of any unauthorized use **Account Responsibilities:** - You are responsible for all activities under your account - Maintain the confidentiality of your login credentials - Ensure compliance with these Terms by all users - Monitor account activity and report suspicious behavior **Account Termination:** - We may suspend or terminate accounts for violations - You may terminate your account at any time - Data retention policies apply upon termination - Outstanding obligations remain in effect after termination
Acceptable Use Policy
You agree to use our Services only for lawful purposes and in accordance with these Terms: **Permitted Uses:** - Business operations related to shopping center management - Digital signage content creation and management - Communication with tenants and customers - Data analysis and reporting for business purposes - Integration with authorized third-party services **Prohibited Uses:** - Violating any applicable laws or regulations - Infringing on intellectual property rights - Transmitting harmful, offensive, or inappropriate content - Attempting to gain unauthorized access to systems - Interfering with service operations or security - Using services for illegal or fraudulent activities - Spamming or sending unsolicited communications - Reverse engineering or attempting to extract source code **Content Standards:** - All content must comply with applicable laws - No content that is defamatory, obscene, or harmful - Respect for intellectual property rights - Appropriate language and imagery for business use
Intellectual Property Rights
Our Services and their original content, features, and functionality are owned by EyeOn LLC and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws: **Our Intellectual Property:** - Software, algorithms, and technical solutions - User interface designs and layouts - Documentation and training materials - Trademarks, logos, and brand elements - Patents and proprietary technologies **Your Content:** - You retain ownership of content you create or upload - You grant us a license to use your content for service provision - You represent that you have rights to all content you provide - We may use anonymized data for service improvement **Third-Party Content:** - Some content may be licensed from third parties - Respect for third-party intellectual property rights - Proper attribution and licensing requirements - No unauthorized use of copyrighted materials
Privacy and Data Protection
Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy: **Data Collection:** - We collect information necessary to provide our Services - Usage data helps us improve our platform - Personal information is handled according to our Privacy Policy - Compliance with applicable data protection laws **Data Security:** - Implementation of appropriate security measures - Regular security assessments and updates - Employee training on data protection - Incident response and notification procedures **Your Rights:** - Access to your personal information - Correction of inaccurate data - Deletion of personal information (subject to legal requirements) - Data portability and transfer rights - Withdrawal of consent for certain processing activities
Payment Terms and Billing
Our Services are provided on a subscription basis with the following terms: **Pricing and Billing:** - Subscription fees are charged in advance - Pricing may vary based on service tier and features - Additional fees may apply for premium features or usage - All prices are exclusive of applicable taxes **Payment Methods:** - Credit cards, bank transfers, and other approved methods - Automatic billing for recurring subscriptions - Payment processing through secure third-party providers - Currency and payment terms may vary by region **Billing and Invoicing:** - Invoices are provided electronically - Payment terms are typically net 30 days - Late payment fees may apply - Service suspension for non-payment **Refunds and Cancellations:** - Refund policies vary by service and circumstances - Pro-rated refunds for unused service periods - Cancellation procedures and notice requirements - Data export options upon cancellation
Service Level Agreements and Support
We strive to provide reliable and high-quality services: **Service Availability:** - Target uptime of 99.5% (excluding scheduled maintenance) - Planned maintenance with advance notice - Emergency maintenance as needed for security - Service credits for extended outages **Support Services:** - Technical support during business hours - Documentation and training resources - Community forums and knowledge base - Priority support for enterprise customers **Performance Standards:** - Response times for support requests - System performance benchmarks - Regular monitoring and optimization - Continuous improvement initiatives
Limitation of Liability and Disclaimers
To the maximum extent permitted by law: **Disclaimer of Warranties:** - Services are provided 'as is' and 'as available' - No warranties of merchantability or fitness for a particular purpose - No guarantee of uninterrupted or error-free service - No warranty against third-party interference or security breaches **Limitation of Liability:** - Our total liability shall not exceed the amount paid for services - No liability for indirect, incidental, or consequential damages - No liability for loss of profits, data, or business opportunities - Exceptions may apply as required by applicable law **Force Majeure:** - No liability for delays or failures due to circumstances beyond our control - Natural disasters, government actions, or other force majeure events - Reasonable efforts to minimize impact and resume service - Notification of significant service disruptions
Indemnification
You agree to indemnify, defend, and hold harmless EyeOn LLC and its officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including attorney's fees) arising from: **Your Use of Services:** - Violation of these Terms or applicable laws - Infringement of third-party rights - Content you create, upload, or transmit - Unauthorized access to your account **Third-Party Claims:** - Claims related to your use of our Services - Allegations of intellectual property infringement - Regulatory violations or compliance issues - Data breaches or security incidents **Our Rights:** - Right to assume exclusive defense and control - Right to participate in defense at our own expense - Right to settle claims as we deem appropriate - Right to seek reimbursement for costs and expenses
Termination and Suspension
Either party may terminate these Terms under certain circumstances: **Termination by You:** - Cancel your account at any time through account settings - Provide written notice for business accounts - Export your data before termination - Outstanding obligations remain in effect **Termination by Us:** - Immediate termination for material breaches - Suspension for non-payment or violations - Termination with notice for other reasons - Right to refuse service to anyone **Effect of Termination:** - Immediate cessation of service access - Data retention according to our policies - Return or destruction of confidential information - Survival of certain provisions after termination
Dispute Resolution and Governing Law
Any disputes arising from these Terms or your use of our Services will be resolved as follows: **Governing Law:** - These Terms are governed by the laws of the State of New York - Jurisdiction in the state and federal courts of New York - Application of New York law without regard to conflict of law principles **Dispute Resolution Process:** - Good faith negotiation to resolve disputes amicably - Mediation before formal legal proceedings - Binding arbitration for certain types of disputes - Right to seek injunctive relief in court **Class Action Waiver:** - Disputes must be resolved on an individual basis - No class action or representative proceedings - Waiver of right to participate in class actions - Exceptions as required by applicable law
General Provisions
These Terms contain several important general provisions: **Entire Agreement:** - These Terms constitute the entire agreement between the parties - Supersede all prior agreements and understandings - No reliance on representations not contained herein - Modifications must be in writing and signed by both parties **Severability:** - If any provision is found invalid, the remainder remains in effect - Invalid provisions will be modified to be valid and enforceable - No waiver of any provision shall be deemed a waiver of others **Assignment and Transfer:** - You may not assign these Terms without our consent - We may assign these Terms in connection with business transfers - Terms bind and benefit successors and assigns **Notices and Communications:** - Electronic communications are acceptable - Notices sent to registered email addresses - Changes to contact information must be updated promptly - Legal notices may be sent by certified mail
Contact Information
If you have any questions about these Terms of Use or need assistance with our Services, please contact us: