Privacy Policy

Last updated: January 17, 2024 

This Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You. 

We use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy. 

Interpretation and Definitions 

Interpretation 

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural. 

Definitions 

For the purposes of this Privacy Policy: 

• Account means a unique account created for You to access our Service or parts of our Service. 

• Affiliate means an entity that controls, is controlled by, or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for election of directors or other managing authority. 

• Application means the software program, named Airport Viewer, provided by the Company downloaded by You on any electronic device. 

• Business, for the purpose of the CCPA (California Consumer Privacy Act), refers to the Company as the legal entity that collects Consumers’ personal information and determines the purposes and means of the processing of Consumers’ personal information, or on behalf of which such information is collected and that alone, or jointly with others, determines the purposes and means of the processing of consumers’ personal information, that does business in the State of California. 

• Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Mosaic ATM, Inc., 540 Fort Evans Rd NE STE 300, Leesburg, VA 20176. For the purpose of the GDPR (General Data Protection Regulation), the Company is the Data Controller. 

• Consumer, for the purpose of the CCPA (California Consumer Privacy Act), means a natural person who is a California resident. A resident, as defined in the law, includes (1) every individual who is in the USA for other than a temporary or transitory purpose, and (2) every individual who is domiciled in the USA who is outside the USA for a temporary or transitory purpose. 

• Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses. 

• Data Controller, for the purposes of the GDPR (General Data Protection Regulation), refers to the Company as the legal person which alone or jointly with others determines the purposes and means of the processing of Personal Data. 

• Device means any device that can access the Service such as a computer, a cellphone, or a digital tablet. 

• Do Not Track (DNT) is a concept that has been promoted by US regulatory authorities, in particular the U.S. Federal Trade Commission (FTC), for the Internet industry to develop and implement a mechanism for allowing internet users to control the tracking of their online activities across websites. 

• Personal Data is any information that relates to an identified or identifiable individual. For the purposes for GDPR, Personal Data means any information relating to You such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity. For the purposes of the CCPA, Personal Data means any information that identifies, relates to, describes or is capable of being associated with, or could reasonably be linked, directly or indirectly, with You. 

• Sale, for the purpose of the CCPA (California Consumer Privacy Act), means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a Consumer’s Personal information to another business or a third party for monetary or other valuable consideration. 

• Service refers to the Application or the Website or both. 

• Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used. For the purpose of the GDPR, Service Providers are considered Data Processors. 

• Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service. 

• Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit). 

• Website refers to EyesOnIt, accessible from https://eyesonit.us/ 

• You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable. Under GDPR (General Data Protection Regulation), You can be referred to as the Data Subject or as the User as you are the individual using the Service. 

Collecting and Using Your Personal Data 

Types of Data Collected 

Personal Data 

While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to: 

• Email address 

• First name and last name 

• Phone number 

• Usage Data 

Usage Data 

Usage Data is collected automatically when using the Service. 

Usage Data may include information such as Your Device’s Internet Protocol address (e.g., IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers, and other diagnostic data. 

When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers, and other diagnostic data. 

We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device. 

Tracking Technologies and Cookies 

We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service. 

You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service. 

Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close your web browser. 

We use both session and persistent Cookies for the purposes set out below: 

• Necessary / Essential Cookies 
  Type: Session Cookies 
  Administered by: Us 
  Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services. 

• Cookies Policy / Notice Acceptance Cookies 
  Type: Persistent Cookies 
  Administered by: Us 
  Purpose: These Cookies identify if users have accepted the use of cookies on the Website. 

• Functionality Cookies 
  Type: Persistent Cookies 
  Administered by: Us 
  Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website. 

• Tracking and Performance Cookies 
  Type: Persistent Cookies 
  Administered by: Third Parties 
  Purpose: These Cookies are used to track information about traffic to the Website and how users use the Website. The information gathered via these Cookies may directly or indirectly identify you as an individual visitor. This is because the information collected is typically linked to a pseudonymous identifier associated with the device you use to access the Website. We may also use these Cookies to test new pages, features, or new functionality of the Website to see how our users react to them. 

Use of Your Personal Data 

The Company may use Personal Data for the following purposes: 

• To provide and maintain our Service, including to monitor the usage of our Service. 

• To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user. 

• For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items, or services You have purchased or of any other contract with Us through the Service. 

• To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products, or contracted services, including security updates, when necessary or reasonable for their implementation. 

• To provide You with news, special offers, and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information. 

• To manage Your requests: To attend and manage Your requests to Us. 

We may share your personal information in the following situations: 

• With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, for payment processing, and to contact You. 

• For Business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of our business to another company. 

• With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include any subsidiaries, joint venture partners, or other companies that We control or that are under common control with Us. 

• With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If You interact with other users or register through a Third-Party Social Media Service, Your contacts on the Third-Party Social Media Service may see Your name, profile, pictures, and description of Your activity. Similarly, other users will be able to view descriptions of Your activity, communicate with You, and view Your profile. 

Retention of Your Personal Data 

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies. 

The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods. 

Transfer of Your Personal Data 

Your information, including Personal Data, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country, or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction. 

Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer. 

The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place, including the security of Your data and other personal information. 

Disclosure of Your Personal Data 

Business Transactions 

If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy. 

Law enforcement 

Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g., a court or a government agency). 

Other legal requirements 

The Company may disclose Your Personal Data in the good faith belief that such action is necessary to: 

• Comply with a legal obligation. 

• Protect and defend the rights or property of the Company. 

• Prevent or investigate possible wrongdoing in connection with the Service. 

• Protect the personal safety of Users of the Service or the public. 

• Protect against legal liability. 

Security of Your Personal Data 

The security of Your Personal Data is important to Us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security. 

Detailed Information on the Processing of Your Personal Data 

Service Providers have access to Your Personal Data only to perform their tasks on Our behalf and are obligated not to disclose or use it for any other purpose. 

Analytics 

We may use third-party Service providers to monitor and analyze the use of our Service. 

Google Analytics 

• Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network. 

• You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents Google Analytics JavaScript (ga.js, analytics.js and dc.js) from sharing information with Google Analytics about visits activity. 

• You may opt-out of certain Google Analytics features through your mobile device settings, such as your device advertising settings or by following the instructions provided by Google in their Privacy Policy: https://policies.google.com/privacy. 

• For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy. 

Payments 

We may provide paid products and/or services within the Service. In that case, we may use third-party services for payment processing (e.g., payment processors). 

We will not store or collect Your payment card details. That information is provided directly to Our third-party payment processors whose use of Your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express, and Discover. PCI-DSS requirements help ensure the secure handling of payment information. 

Stripe 

Stripe’s Privacy Policy can be viewed at https://stripe.com/us/privacy. 

Keygen 

KeyGen’s Privacy Policy can be viewed at: https://keygen.sh/privacy/ 

General Data Protection Regulation (GDPR) Privacy 

Legal Basis for Processing Personal Data under GDPR 

We may process Personal Data under the following conditions: 

• Consent: You have given Your consent for processing Personal Data for one or more specific purposes. 

• Performance of a contract: Provision of Personal Data is necessary for the performance of an agreement with You and/or for any pre-contractual obligations thereof. 

• Legal obligations: Processing Personal Data is necessary for compliance with a legal obligation to which the Company is subject. 

• Vital interests: Processing Personal Data is necessary in order to protect Your vital interests or of another natural person. 

• Public interests: Processing Personal Data is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Company. 

• Legitimate interests: Processing Personal Data is necessary for the purposes of the legitimate interests pursued by the Company. 

In any case, the Company will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract. 

Your Rights under the GDPR 

The Company undertakes to respect the confidentiality of Your Personal Data and to guarantee You can exercise Your rights. 

You have the right under this Privacy Policy, and by law if You are within the EU, to: 

• Request access to Your Personal Data. The right to access, update or delete the information We have on You. Whenever made possible, you can access, update, or request deletion of Your Personal Data directly within Your account settings section. If you are unable to perform these actions yourself, please contact Us to assist You. This also enables You to receive a copy of the Personal Data We hold about You. 

• Request correction of the Personal Data that We hold about You. You have the right to have any incomplete or inaccurate information We hold about You corrected. 

• Object to processing of Your Personal Data. This right exists where We are relying on a legitimate interest as the legal basis for Our processing and there is something about Your particular situation that makes You want to object to our processing of Your Personal Data on this ground. You also have the right to object where We are processing Your Personal Data for direct marketing purposes. 

• Request erasure of Your Personal Data. You have the right to ask Us to delete or remove Personal Data when there is no good reason for Us to continue processing it. 

• Request the transfer of Your Personal Data. We will provide to You, or to a third party You have chosen, Your Personal Data in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which You initially provided consent for Us to use or where We used the information to perform a contract with You. 

• Withdraw Your consent. You have the right to withdraw Your consent on using your Personal Data. 

Exercising of Your GDPR Data Protection Rights 

You may exercise Your rights of access, rectification, cancellation, and opposition by contacting Us. Please note that we may ask You to verify Your identity before responding to such requests. If You make a request, We will try our best to respond to You as soon as possible. 

You have the right to complain to a Data Protection Authority about Our collection and use of Your Personal Data. For more information, if You are in the European Economic Area (EEA), please contact Your local data protection authority in the EEA. 

CCPA Privacy 

Your Rights under the CCPA 

Under this Privacy Policy, and by law if You are a resident of California, You have the following rights: 

• The right to notice. You must be properly notified which categories of Personal Data are being collected and the purposes for which the Personal Data is being used. 

• The right to access / the right to request. The CCPA permits You to request and obtain from the Company information regarding the disclosure of Your Personal Data that has been collected in the past 12 months by the Company or its subsidiaries to a third party for the third party’s direct marketing purposes. 

• The right to say no to the sale of Personal Data. You also have the right to ask the Company not to sell Your Personal Data to third parties. You can submit such a request by visiting the “Do Not Sell My Personal Information” section of this Privacy Policy. 

• The right to know about Your Personal Data. You have the right to request and obtain from the Company information regarding the disclosure of the following: 

• The categories of Personal Data collected. 

• The sources from which the Personal Data was collected. 

• The business or commercial purpose for collecting or selling Personal Data. 

• Categories of third parties with whom We share Personal Data. 

• The specific pieces of Personal Data we collected about You. 

• The right to delete Personal Data. You also have the right to request the deletion of Your Personal Data that have been collected in the past 12 months. 

• The right not to be discriminated against. You have the right not to be discriminated against for exercising any of Your Consumer’s rights, including by: 

• Denying goods or services to You. 

• Charging different prices or rates for goods or services, including the use of discounts or other benefits or imposing penalties. 

• Providing a different level or quality of goods or services to You. 

• Suggesting that You will receive a different price or rate for goods or services or a different level or quality of goods or services. 

Exercising Your CCPA Data Protection Rights 

In order to exercise any of Your rights under the CCPA, and if you are a California resident, You can email us or visit the “Do Not Sell My Personal Information” section of this Privacy Policy. 

The Company will disclose and deliver the required information free of charge within 45 days of receiving Your verifiable request. The time period to provide the required information may be extended once by an additional 45 days when reasonably necessary and with prior notice. 

Do Not Sell My Personal Information 

We do not sell personal information. However, the Service Providers we partner with (for example, our advertising partners) may use technology on the Service that “sells” personal information as defined by the CCPA law. 

If you wish to opt out of the use of your personal information for interest-based advertising purposes and these potential sales as defined under CCPA law, you may do so by following the instructions below. 

Please note that any opt out is specific to the browser You use. You may need to opt out on every browser that you use. 

Website 

You can opt out of receiving ads that are personalized as served by our Service Providers by following our instructions presented on the Service: 

• From Our “Cookie Consent” notice banner, 

• Or from Our “CCPA Opt-out” notice banner, 

• Or from Our “Do Not Sell My Personal Information” notice banner, 

• Or from Our “Do Not Sell My Personal Information” link. 

The opt out will place a cookie on Your computer that is unique to the browser You use to opt out. If you change browsers or delete the cookies saved by your browser, you will need to opt out again. 

Mobile Devices 

Your mobile device may give you the ability to opt out of the use of information about the apps you use in order to serve you ads that are targeted to your interests: 

• “Opt out of Interest-Based Ads” or “Opt out of Ads Personalization” on Android devices. 

• “Limit Ad Tracking” on iOS devices. 

You can also stop the collection of location information from Your mobile device by changing the preferences on your mobile device. 

“Do Not Track” Policy as Required by California Online Privacy Protection Act (CalOPPA) 

Our Service does not respond to Do Not Track signals. 

However, some third-party websites do keep track of Your browsing activities. If You are visiting such websites, You can set Your preferences in Your web browser to inform websites that You do not want to be tracked. You can enable or disable DNT by visiting the preferences or settings page of Your web browser. 

Children’s Privacy 

The Service may contain content appropriate for children under the age of 13. However, We do not permit those under the age of 18 to use the Service. Nevertheless, as a parent, you should know that through the Service children under the age of 13 may gain access to participate in activities that involve the collection or use of personal information. 

Your California Privacy Rights (California’s Shine the Light law) 

Under California Civil Code Section 1798 (California’s Shine the Light law), California residents with an established business relationship with Us can request information once a year about sharing their Personal Data with third parties for the third parties’ direct marketing purposes. 

If you’d like to request more information under the California Shine the Light law, and if you are a California resident, You can contact Us using the contact information provided below. 

California Privacy Rights for Minor Users (California Business and Professions Code Section 22581) 

California Business and Professions Code Section 22581 allows California residents under the age of 18 who are registered users of online sites, services, or applications to request and obtain removal of content or information they have publicly posted. 

To request removal of such data, and if you are a California resident, You can contact Us using the contact information provided below and include the email address associated with Your account. 

Be aware that Your request does not guarantee complete or comprehensive removal of content or information posted online and that the law may not permit or require removal in certain circumstances. 

Links to Other Websites 

Our Service may contain links to other websites that are not operated by Us. If You click on a third-party link, You will be directed to that third party’s site. We strongly advise You to review the Privacy Policy of every site You visit. 

We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services. 

Changes to this Privacy Policy 

We may update our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page. 

We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the “Last updated” date at the top of this Privacy Policy. 

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page. 

Contact Us 

If you have any questions about this Privacy Policy, You can contact us: 

• By email: support@eyesonit.us 

Terms of Use 

Please read this EyesOnIt Downloadable Software End User License Agreement (“EULA”) carefully before downloading or using any software linking to this page or accompanying a readme file with this EULA (“Software”). 

BY CLICKING A BOX INDICATING ACCEPTANCE OF THIS EULA OR DOWNLOADING OR USING THE SOFTWARE, THIS EULA FORMS A BINDING LEGAL AGREEMENT BETWEEN YOU AND ANY ORGANIZATION OR OTHER ENTITY ON WHOSE BEHALF YOU ACCEPT THESE TERMS AND CONDITIONS (COLLECTIVELY “YOU” OR “YOUR”) AND EYESONIT, AND WILL GOVERN YOUR DOWNLOAD AND USE OF THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS EULA, DO NOT DOWNLOAD OR USE THE SOFTWARE. 

ANY INDIVIDUAL AGREEING TO BE BOUND BY THIS EULA ON BEHALF OF AN ORGANIZATION OR OTHER LEGAL ENTITY REPRESENTS THAT SUCH INDIVIDUAL HAS THE AUTHORITY TO BIND SUCH ENTITY TO THE TERMS AND CONDITIONS CONTAINED HEREIN.   

YOU SHALL NOT DOWNLOAD OR USE THE SOFTWARE WITHOUT PRIOR WRITTEN CONSENT OF EYESONIT IF YOU ARE OR BECOME A DIRECT COMPETITOR TO EYESONIT OR ITS AFFILIATES.   

1. Software. 

1.1 License.  EyesOnIt grants You a non-exclusive, non-transferable, limited license to download and use the Software on a device you own or lawfully control for Your own business purposes. The Software, including software embedded in the Software, is licensed, not sold, to You. This Software may include some third-party software; please see the Documentation for additional notices required by certain third-party licensors. 

1.2 Documentation. Accompanying the Software at download or on EyesOnIt’s website at https://eyesonit.us or any website linked from such website that is owned or controlled by EyesOnIt, EyesOnIt may provide documentation that is uniformly available and applicable to all EyesOnIt customers and relates to the operation and use of the Software, including directions and acknowledgements, each as updated by EyesOnIt from time to time (“Documentation”). 

1.3 Restrictions. You shall use the Software strictly in compliance with this EULA, the Documentation, and applicable laws and regulations, and shall promptly notify EyesOnIt of any known unauthorized use. The rights granted to you in this EULA are specific to you, and you must not permit any third party to exercise these rights.  Any violation of the provisions in this Section 1 of this EULA will result in the automatic termination of the license set out in this Section 1. 

1.4 Prohibited Uses.  Prohibited uses of EyesOnIt are: 

a) the publication of integrations, extensions, or add-ons without the prior approval in writing from EyesOnIt; 

b) the editing, modification, adaptation, or alteration of EyesOnIt (or part thereof), and the creation of any derivative work incorporating EyesOnIt (or any part thereof); 

c) the use of EyesOnIt (or any part thereof) in any way that is unlawful or in breach of any person’s legal rights under any applicable law, or in any way that is offensive, indecent, discriminatory, or otherwise objectionable.  This includes, but is not limited to, the use of EyesOnIt in violation of any individual’s rights of privacy as established by state or federal law and/or regulations; 

d) the use of EyesOnIt (or part thereof) to compete with EyesOnIt, whether directly or indirectly; 

e) the reverse engineering, decompilation, or disassembly of EyesOnIt (or part thereof); 

f) the circumvention or removal of, or any attempt to circumvent or remove, the technological measures applied to any software program for the purpose of preventing unauthorized use, providing that nothing in this Section 1.3.1 will prohibit or restrict you or any other person from doing any act expressly permitted by applicable law. 

1.5 Free Trial. From time to time EyesOnIt may make available its program on a free trial basis, and this Section 1.5 shall apply in such instances.  Your rights to the use of EyesOnIt on a free trial basis shall be restricted in such manner and/or to such period as we may specify, when you download EyesOnIt, and we may apply technological protection measures to the software programs to enforce these restrictions. EyesOnIt may restrict your license to use any free trial software program at any time, by giving you written notice of the restriction or activating the restriction in the relevant software program.  EyesOnIt may terminate your license to use any free trial software program at any time, by giving you written notice or deactivating the relevant software program. 

1.6 Updates and Support. EyesOnIt may modify, upgrade or otherwise update the Software at any time. EyesOnIt may provide support for the Software but has no obligation to furnish such support to You and may cease to offer such support at any time without notice. You acknowledge that no third party (e.g., Alphabet Inc., Apple Inc. or Adobe Inc.) has an obligation to furnish any support in connection with the Software or your device. 

1.7 Compatible Devices and OS. The Software is only available for installation and use on certain devices and operating systems. Documentation for the Software may identify compatible devices and operating systems, however, regardless of such Documentation, determining whether Your device and operating system are compatible with the Software is solely Your responsibility. 

1.8 Electronic Messaging. By downloading and using the Software, You authorize EyesOnIt to send You (including via email, SMS and push notifications) information regarding the Software and Subscription Services, including: (a) notices about Your use of the Software and Subscription Services and violations of this EULA; (b) updates to the Software; and (c) promotional information and materials regarding EyesOnIt’s products and services. As may be provided in the information sent or the settings or account information section of the Software or the Subscription Services, You may be able to adjust Your notification and messaging preferences, including unsubscription. 

2. Privacy. In order to provide EyesOnIt, EyesOnIt may collect certain information about You and your device, including personal information and URLs necessary to establishing a customer account and to ensure compliance with our licensing terms, and technical and telemetry data related to your use of the Software. EyesOnIt uses and protects that information in accordance with the EyesOnIt Privacy Notice available at https://eyesonit.us/privacy-policy. 

3. DISCLAIMER. CUSTOMER ACCEPTS THAT EYESONIT IS NOT OPERATIONAL UPON DELIVERY AND REQUIRES INTEGRATION BY CUSTOMER INTO YOUR SYSTEMS/VIDEO STREAMS. EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES EXPRESSLY STATED IN THIS EULA, EYESONIT MAKES NO REPRESENTATIONS AND DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING: (A) EYESONIT SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLIANCE WITH LAWS, NON-INFRINGEMENT, AND ACCURACY; (B) EYESONIT DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR-FREE OR OPERATE WITHOUT INTERRUPTIONS OR DOWNTIME; AND (C) YOUR DOWNLOAD AND USE OF THE SOFTWARE IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR DEVICES OR FOR LOSS OF DATA THAT RESULT FROM THE DOWNLOAD OR USE OF THE SOFTWARE. 

4. LIMITATION OF LIABILITY. 

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL EYESONIT BE LIABLE FOR ANY LOST PROFITS, GOODWILL, OR REVENUES OR FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, COVER, BUSINESS INTERRUPTION, OR PUNITIVE DAMAGES IN CONNECTION WITH ANY CLAIM OF ANY NATURE, WHETHER IN CONTRACT, TORT, OR UNDER ANY THEORY OF LIABILITY, ARISING UNDER THIS EULA, EVEN IF EYESONIT HAS GIVEN YOU ADVANCE NOTICE OF SUCH POSSIBLE DAMAGES OR IF EYESONIT’S REMEDY OTHERWISE FAILS OF ITS ESSENTIAL PURPOSE. 

TO THE EXTENT PERMITTED BY LAW, EYESONIT’S ENTIRE LIABILITY UNDER THIS EULA WILL NOT EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS OR THE FEES PAID BY YOU TO EYESONIT FOR THE SOFTWARE DURING THE ONE (1) MONTH PRIOR TO THE DATE ON WHICH THE LIABILITY AROSE. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. 

5. Suspension and Termination. EyesOnIt reserves the right to restrict or prohibit Your download or use of the Software at any time based on the status of Your Subscription Services account under the Services Agreement. You acknowledge and agree that if Your Subscription Services account is suspended or terminated, You will no longer download or use the Software and your access to data, information, and content that is stored within the Subscription Services may be restricted or prohibited. 

6. General 

6.1 Compliance. You represent and warrant that: (a) You are not located in a country that is subject to a United States Government embargo, or that is on Title 15, Part 740 Supplement 1 Country Group E of the United States Code of Federal Regulations; (b) You are not located in a country that has been designated by the United States Government as a “terrorist supporting” country; and (c) You are not listed on any United States Government list of prohibited or restricted parties. You further agree not to download or transport the Software to or use the Software in any such country. 

6.2 Feedback. You grant EyesOnIt a worldwide, irrevocable, perpetual, sublicensable, transferable, non-exclusive license to use and incorporate into EyesOnIt’s products and services any feedback or suggestions for enhancement that You provide to EyesOnIt (“Feedback”), without any obligation of compensation. Feedback is provided by You “as-is,” without representations or warranties, either express or implied, including any warranties of merchantability or fitness for a particular purpose. 

6.3 Contact. EyesOnIt may be contacted or noticed at the following address and email: 

540 Fort Evans Rd 
Suite 300 

Leesburg, VA 20176 

            

support@eyesonit.us 

6.4 Governing Law. This EULA is governed by and construed in accordance with the laws of the state of Delaware without giving effect to the principles of conflicts of laws thereof. 

6.5 Entire Agreement. This EULA represents the entire agreement between EyesOnIt and Customer with respect to the Software. With respect to Your use of the Software, to the extent an agreement for services conflicts with this EULA, the terms of this EULA will control. 

6.6 Revisions. EyesOnIt reserves the right to revise this EULA at any time and for any reason. EyesOnIt will post the most current version of this EULA at eyesonit.us. If EyesOnIt makes material changes to this EULA, You will receive notification via the Software. Notwithstanding the foregoing, You are responsible for complying with the updated terms posted online at EyesOnIt’s website even if these updated terms appear online at EyesOnIt’s website before being posted on the Software. Your continued use of the Software after EyesOnIt publishes notice of changes to this EULA indicates Your consent to the updated terms. 

7.  Third Parties. 

7.1 EULA Claims. This EULA is between You and EyesOnIt and not between you and any third party. You agree that any claims brought by You arising out of this EULA or Your use of the Software will not be made against any third party that has licensed or authorized the association or integration of its products, applications, or content with the Software. Notwithstanding the foregoing, upon Your acceptance of this EULA, any applicable third party may enforce this EULA against You as a third-party beneficiary thereof.  

7.2 Intellectual Property Rights. In the event of a third-party claim that the Software, or Your possession and use of the Software, infringes or misappropriates a third party’s intellectual property rights, EyesOnIt will be solely responsible for the investigation, defense, settlement and discharge of any such claim. 

7.3 Products. If You separately procure services, applications, or content from a third party (“Third Party Products”) for use with the Software, any such use is subject to the end-user license or use agreement that You accept from or establish with the third party. Third Party Products are not Software and, as between the parties, EyesOnIt has no liability with respect to your procurement or use of Third-Party Products.