What are the Terms and Conditions for the Web API Service?

Terms of Service 

 Effective Date: March 14, 2024

 By using the perfectlyclear.io web site and any subdomains used in connection with or related to the same and any future versions thereof (the “Web Site”), the Perfectly Clear API (Application Programming Interface – “API“), or any other applications or services (together, the “Service“), of EyeQ Imaging, Inc. (or its successors or assigns)  (“EyeQ“, “we“, “our” or “us“), you (“you”, “your”, or “Customer”) are agreeing to be bound by the following terms of service (“Terms of Service“). Your access to and use of the Service offered by EyeQ is expressly conditioned on your acceptance without modification of the following Terms of Service.  These Terms of Service affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Service, do not access or use the Service. 

EyeQ may modify, supplement or amend these Terms of Service at its sole discretion, by posting the modified, supplemented or amended Terms of Service to this page.  Your continued use of the Service will be evidence that you acknowledge and agree to be bound by the modified Terms of Service. If you do not accept the modifications, you are no longer entitled to use the Service. 

You expressly understand and agree that EyeQ shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if EyeQ has been advised of the possibility of such damages), resulting from your use of the Service or third-party products or services that access data via the Service. 

The Service corrects and optimizes images and videos that the Customer uploads to our Service.  EyeQ owns all services and documentation associated with this Service, and Customer owns all Customer Content used with this service. 

Definitions: 

Customer – the individual or business that enters into the agreement with EyeQ for use of this Service. 

Authorized Users – individuals authorized by Customer to use the Service. 

Customer Content – images and videos that Customer or its Authorized Users provide to EyeQ for correction and transformation.  Images and videos created by the Service from Customer Content are also Customer Content. 

A. Account Terms

1. You must be a human and you must not use the Service or create an account for use of our Service (an “Account“) through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.  You represent and warrant that all information supplied by you in connection with the creation of an Account for use of the Service is true, accurate, current and complete. 
2. If you use a corporate, business or organization email address to sign up for this Service,  or are otherwise entering into these Terms of Service on behalf of a corporation, business, or other organization, then you represent and warrant that you have all right, power, and authority to bind such corporation, business, entity, or other organization to these Terms of Service. 
3. You are responsible for keeping your Account access secret and secure. 
4. EyeQ reserves the right to deny your request for an Account (including usernames), and the right to disable or terminate access to an Account (including usernames) issued to you at any time in our sole discretion.  EyeQ may suspend or terminate your ability to access the Service, or cease providing you with all or part of the Service at any time for any reason or no reason, including if we believe that: (i) you may have violated these Terms of Service, (ii) you may create risk or possible legal exposure for us; (iii) your Account is or has been inactive for a prolonged period of time; or (iv) our provision of the Service to you is no longer commercially viable. 
5. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws, rules, and regulations in your jurisdiction (including but not limited to copyright and trademark laws). 
6. The Service is not intended for and should not be used by anyone under the age of 18. Customer must ensure that all Authorized Users are over 18 years old. 
7. Customer is responsible for and assumes full liability for all use of Customer Content made available through the use of Service. Customer acknowledges and agrees that EyeQ acts only as a passive conduit for Customer’s and its Authorized Users’ online distribution of such Customer Content. 

B. Payment, Refunds, Upgrading and Downgrading Terms

1. The Service is billed on a monthly basis and is non-refundable and automatically renews until you cancel. 
2. You may upgrade or downgrade in plan level at any time. 
3. For changes in plan level we will: 
   • Bill you immediately for all usage during the current period. 
   • Switch to the new pricing tier immediately.  This includes downgrading to the ‘Free’ tier. 
4. You will be billed and charged at the first of each calendar month to the credit card you keep on file with our Service.  If the transaction fails for any reason, we will attempt to re-charge the card for up to three weeks.  You will be notified of any failures and any attempts for us to charge your credit card again.  Your Account will be downgraded to the ‘Free’ tier after three weeks, if we still cannot charge the credit card on file.  This will impose a limit on the number of images that can be corrected, so you could experience service interrupts or outages due to this.

C. Access to Service and Licenses

1. Subject to your compliance with these Terms of Service, and the payment of all applicable fees for the Service, EyeQ hereby grants you a personal, revocable, non-exclusive and non-transferable license to use the Service in accordance with these Terms of Service. 
2. With respect to Customer Content that is submitted, posted, or otherwise made available by Customer and your Authorized Users through the Service, by submitting, posting, storing, or otherwise making such Customer Content available through the Service, Customer grants, and represents and warrants that it has all rights necessary to grant, to EyeQ a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, host, store, reproduce, modify, publish, distribute, and make derivative works of all such Customer Content, in whole or in part, and in any form, media, or technology, solely for use in connection with our provision of the Service as described in these Terms of Service.

D. Personal Information and Privacy

1. Use of the Service requires sharing personal information, including your name, email address, and billing details.  This data is never sold or shared in any way, to anyone, except as required to perform the Service, or by law. 
2. Your use of the Service, and your provision of personal information in conjunction with the Service, is subject to our privacy policy, which is available at http://eyeq.photos/privacy-policy/ (“Privacy Policy”).  By accessing and using the Service, you agree to be bound by and consent to the collection, use, and disclosure of your personal information as set out in our Privacy Policy.  
3. We cannot guarantee that unauthorized third parties will never be able to defeat our security measures, access your personal information, or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk. 

E. Customer Content

1. ​​We are not responsible for the content of any Customer Content or the way Customer or its Authorized Users choose to use the Service to store or process any Customer Content. Customer represents and agrees that Customer is solely responsible for (i) providing notices and obtaining consents as from its Authorized Users for the collection, use, processing and transfer of Customer Content in connection with the Service; and (ii) ensuring compliance with all laws in all jurisdictions that may apply to Customer Content provided hereunder, including but not limited to all applicable international, federal, state, provincial and local laws, rules, and regulations relating to data privacy and security. Customer may not submit any Customer Content that includes a social security number, passport number, driver’s license number, or similar identifier, credit card or debit card number, or any other information which may be subject to specific data privacy and security laws including, but not limited to, the Personal Information Protection Act, the Personal Information Protection and Electronic Documents Act, or any other data which is considered to be sensitive or which could give rise to notification obligations under data breach notification laws. We do not make any representations as to the adequacy of the Service to process Customer Content or to satisfy any legal or compliance requirements which may apply to your Customer Content.  
2. All Customer Content is stored for 7 days (caching period).  There are no backup copies of Customer Content beyond this short-term cache, and all Customer Content is automatically deleted after the caching period. Images are not accessed by EyeQ staff, unless Customer directly asks for support or diagnostics and provides explicit instructions to EyeQ to investigate such issues. 
3. Customer Content may be shared by EyeQ with third parties who are reasonably required by EyeQ to provide the Service.  Such data sharing is strictly limited to that which is reasonably necessary to deliver the Service.

F. Account Deletion

If you contact us about the removal or deletion of your Account, we will schedule it and remove it no sooner than 10 business days from the date that we receive your request. All of your Account data and all uploaded Customer Content will be deleted from the Service upon deletion. You will be invoiced for any usage during any unpaid billing periods. 
 
G. Service Cancellation 

If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.  You may downgrade your Service by downgrading to our ‘Free’ tier. If you cancel your Account you will be billed for any usage you had in a current paid up month. 

H. Perfectly Clear API
While we make every effort to provide continual access to the Service, we do not guarantee the availability or reliability of our Service at any given time.  We make no off-site backups of Customer Content, so loss of access to your Customer Content via our Service may occur at any time.  Your sole remedy for the loss of any images or files or other data you may have stored on our Service is to discontinue your use of the Service.  

I. Disclaimer
Except as expressly set out in these Terms of Service, the Service is provided “as is” and “as available”, without any other representations, warranties or conditions or guarantees, and EyeQ disclaims and will not be bound by any other representations, warranties, conditions, or guarantees whatsoever in connection with the Service and your use and enjoyment thereof, whether express, implied or statutory, including, without limitation, any warranties of accuracy, timeliness, performance, completeness, merchantability, workmanlike quality, title, fitness for a particular purpose or any purpose, and non-infringement of any rights including intellectual property rights of any other party.  Without limiting the generality of the foregoing, EyeQ makes no warranty that: (i) the Service will meet your requirements; (ii) the Service will be uninterrupted, timely, or error-free; (iii) the results that may be obtained from your use of the Service will be accurate or reliable; and (iv) any errors in the Service will be corrected. Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk.  

J. Indemnity

You shall indemnify EyeQ from and against all losses, damages, costs and expenses, and save EyeQ harmless from and against any and all claims, liabilities, demands, actions, causes of action, lawsuits and proceedings which may be made or brought against or suffered by EyeQ, or which EyeQ may suffer or incur as a result of, in respect of or arising out of, your use of the Service, save and except for any claims, demands, actions, lawsuits or proceedings that arise specifically out of any fraudulent activities or wilful misconduct of EyeQ, including any claim that the Customer Content was uploaded without a third party’s consent or violates the intellectual property rights, privacy rights, or personality rights of any third party. 

K. General Conditions

1. You may access and use the Service solely for your own benefit or the benefit of your organization, and in accordance with these Terms of Service. 
2. You understand that EyeQ uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.  
3. We reserve the right to refuse access to the Service to anyone for any reason at any time. 
4. You must not decompile, reverse engineer, disassemble or hack or tamper with the Service, disable or circumvent any security or authentication measures of the Service, or attempt to gain or to grant any other person unauthorized access to the Service (or any portion thereof) or related systems, networks or data. 
5. You must not change, modify, adapt or alter the Service, modify or create any derivative work of any part of the Service, or change, modify or alter another website so as to falsely imply that it is associated with the Service. 
6. You must not interfere with or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other content of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Web Site page is rendered or displayed in a user’s browser or device. 
7. You may not upload violent or discriminatory content, or content which is in any way unlawful, infringing, or hateful, to and/or via the Service, or use the Service to violate the privacy of others, or to collect or gather other users’ personal or confidential information. 
8. We may, but have no obligation to, remove Customer Content and/or Accounts containing content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. 
9. EyeQ or the User may terminate these Terms of Service with thirty (30) days’ written notice to you.  Upon termination of these Terms of Service for any reason, EyeQ will immediately stop providing Service and discontinue your access to the Service, and you will immediately cease any and all use of the Service. 
10. These Terms of Service shall be governed by and construed in accordance with the laws of the Province of Alberta and the courts of Alberta and shall have exclusive jurisdiction to entertain applications for injunctive relief and all other actions arising in connection herewith. 
11. Section headings are not to be considered a part of these Terms of Service and are not intended to be a full and accurate description of the contents hereof. 
12. No amendment, change or modification of these Terms of Service shall be valid unless in writing signed by the parties hereto.  Waiver by one party hereto of breach of any provision of these Terms of Service by the other shall not operate or be construed as a continuing waiver. 
13. If any one or more of the provisions of these Terms of Service shall for any reason be held to be invalid, illegal, or unenforceable in any respect, any such provision shall be severable from these Terms of Service, in which event these Terms of Service shall be construed as if such provision had never been contained herein and the remainder of these Terms of Service shall nevertheless remain in full force and effect.