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

By using the perfectlyclear.io web site, Perfectly Clear WebAPI (Application Programming Interface – “API”) or any applications or services (together, the “Service”), of EyeQ Imaging, Inc. (“EyeQ”, “we”, “our” or “us”), you are agreeing to be bound by the following terms of service (“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.

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 that access data via the Service.

A. Account Terms

1. You must be at least 13 years old to use the Service.
2. You must be a human and you must not create Accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
3. You are responsible for keeping your password secret and secure.
4. 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 or trademark laws).

B. Payment, Refunds, Upgrading and Downgrading Terms

1. The Service is billed on a monthly basis and is non-refundable for the month just billed.
2. You may upgrade or downgrade in plan level at any time.
3. For changes in plan level we will:
   1. Bill you immediately for all usage during the current period.
   2. 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. Account Deletion

Once you contact us about the account removal, we will schedule it and remove it within the next 7 days. All of your Account Data and all uploaded Content will be deleted from the Service upon deletion. You will be invoiced immediately for any usage during any unpaid billing periods. You may request us to delete your account anytime you want.

D. 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. Cancel 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.

E. Perfectly Clear API

When you use the Perfectly Clear API you can optimize your images by uploading an image to our service. We do not store images optimized by the Perfectly Clear API – they are available on our servers for 12 hours only so you can download them and use them in any way you want.

F. General Conditions

1. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
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 change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service.
5. You must not interfere 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 api.perfectlyclear.io page is rendered or displayed in a user’s browser or device.
6. 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.
7. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

G. Personal Information

1. We will not sell your email or other personal information to anybody. This info is only used for EyeQ’s internal records and to serve you. We may from time to time contact you to let you know of new features, updates, and solicit your feedback on how we can make the Service even better.  You may opt-out from receiving these marketing and outreach messages at any time.