Eyely — Effective Date: November 17, 2025
1. Agreement Between User and Company
This End-User License Agreement and Terms of Use ("Agreement") is a legal agreement between you (either an individual or entity) ("User" or "you") and Eyely ("Company," "we," "us," or "our").
This Agreement is ONLY between you and Eyely, NOT with Apple, Inc.
Eyely, not Apple, is solely responsible for the App, its content, maintenance, support, and any claims relating to the App.
By downloading, installing, accessing, or using the Eyely application ("App") from the Apple App Store, you acknowledge that:
1. You have read and fully understood this Agreement
2. You agree to be legally bound by all terms and conditions herein
3. You have the legal authority to enter into this Agreement
4. You agree that this Agreement supersedes any prior agreements or understandings
If you do not agree to any part of this Agreement, you are not authorized to use the App. If you do not agree, please delete the App and discontinue use immediately.
2. License Grant
Subject to your compliance with this Agreement and all applicable laws, Company grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download, install, and use one copy of Eyely on your personal Apple device for personal, non-commercial use only.
This license is revocable and may be terminated by Company at any time if you violate this Agreement or for any other reason without notice.
This license does NOT permit you to:
• Copy, modify, or create derivative works of the App
• Reverse engineer, disassemble, decompile, or attempt to derive the source code
• Remove, obscure, or alter any proprietary notices or labels
• Rent, lease, lend, sell, or transfer the App to third parties
• Use the App for any commercial purpose or public display
• Use the App on multiple devices simultaneously
• Circumvent any technical protection measures or security features
• Use the App for unauthorized purposes or in violation of any laws
3. Intellectual Property Rights
3.1 Ownership
All intellectual property rights in and to Eyely, including but not limited to:
• Software code and algorithms
• Visual design and user interface
• Graphics, images, and multimedia content
• Logos, trademarks, and branding ("Eyely Marks")
• Documentation and technical specifications
• Any improvements, modifications, or enhancements
are exclusively owned by Company or its licensors. You acquire no ownership rights in the App.
3.2 Logo and Brand Identity
All rights to the Eyely logo, visual identity, branding elements, color schemes, and design language are the exclusive property of Company. You are strictly prohibited from:
• Reproducing, using, or displaying the Eyely Marks without express written permission
• Creating derivative works, variations, or modified versions of the Marks
• Using the Marks in a manner that suggests endorsement or association with your products or services
• Registering similar trademarks or domain names
Unauthorized use of Eyely Marks may result in legal action.
3.3 User Content
Any feedback, suggestions, bug reports, or other information you provide regarding the App ("User Feedback") may be used by Company without compensation, attribution, or restriction. Company may use such feedback to improve or modify the App.
4. Use Restrictions
You agree NOT to use the App in any manner that:
4.1 Illegal Activities
• Violates any international, federal, state, or local law or regulation
• Involves unlawful harassment, threats, or abuse
• Infringes upon the intellectual property rights of others
• Constitutes fraud, deception, or misrepresentation
• Violates the rights or safety of others
4.2 Harmful Activities
• Transmits malware, viruses, worms, or other malicious code
• Attempts to gain unauthorized access to Company systems or user data
• Interferes with or disrupts the App's functioning or security
• Impersonates any person or entity
• Engages in phishing, social engineering, or similar attacks
• Attempts to breach encryption or security measures
4.3 Abuse and Misuse
• Uses the App to harm, intimidate, or harass any person
• Exploits the App in an unintended or unauthorized manner
• Attempts to circumvent user authentication or security protocols
• Uses the App for surveillance without proper consent
• Sells, resells, rents, leases, or transfers the license to others
• Uses the App for any commercial purpose without authorization
5. Privacy and Data Protection
5.1 Privacy Policy
Your use of Eyely is governed by our accompanying Privacy Policy, which is incorporated into this Agreement by reference. Please review our Privacy Policy for information on how we collect, use, and protect your information.
5.2 Eye Tracking Data
Eyely processes eye tracking and TrueDepth camera data locally on your device. As explained in the Privacy Policy:
• No data is recorded, saved, or stored
• No data is uploaded to servers or cloud services
• No data is shared with third parties
• All data is processed in real-time and then discarded
5.3 Camera Permissions
You grant Eyely permission to access your device's TrueDepth camera system only to the extent necessary to provide the App's functionality. You can revoke this permission at any time through your device's Settings, which will disable the App's core features.
6. Warranty Disclaimer
6.1 "As-Is" Provision
THE APP IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS.
COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
• MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• TITLE
• QUIET ENJOYMENT
• QUIET POSSESSION
Company does not warrant that:
• The App will meet your specific requirements or expectations
• The App will be uninterrupted, timely, secure, or error-free
• Results obtained from the App will be accurate or reliable
• Defects will be corrected
• The App is free from viruses or other harmful components
6.2 Medical Disclaimer
Eyely is a wellness and eye exercise application, NOT a medical device. The App:
• Does NOT diagnose, treat, cure, or prevent any medical condition or disease
• Does NOT replace professional medical advice, examination, or treatment
• Should NOT be used as a substitute for consultation with qualified healthcare professionals
Users with eye conditions, vision problems, or medical concerns should consult with a licensed ophthalmologist or optometrist. Company assumes no responsibility for any medical consequences arising from App use.
7. Limitation of Liability
7.1 No Consequential Damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR:
• Direct, indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Loss of use, interruption of service, or system failure
• Personal injury or property damage
• Any other damages arising from or related to your use of the App
This limitation applies regardless of the cause (contract, tort, strict liability, or otherwise) and even if Company has been advised of the possibility of such damages.
7.2 Liability Cap
Company's total cumulative liability to you arising from or related to this Agreement shall not exceed the amount paid by you to download the App (if any). If the App was free, Company's liability is limited to the minimum amount permitted by law.
7.3 Jurisdiction-Specific Exceptions
Some jurisdictions do not permit the exclusion or limitation of liability. If you are in such a jurisdiction, the above limitations may not fully apply, and you may have certain statutory rights that cannot be waived.
8. Third-Party Services and Links
8.1 Third-Party Integrations
Eyely may integrate with or reference third-party services, libraries, or APIs. Company:
• Does not endorse, control, or assume responsibility for third-party content or services
• Is not liable for third-party claims, damages, or failures
• Has no obligation to maintain, support, or update third-party integrations
8.2 External Links
If the App contains links to external websites or services, you acknowledge that:
• Company does not control these external sites
• Company is not responsible for their content, accuracy, or practices
• Your access is at your own risk and subject to their terms and policies
• Company does not warrant these sites or their content
9. Termination
9.1 Automatic Termination
This Agreement is effective upon your installation of the App and continues until terminated. The Agreement will automatically terminate if:
• You violate any material term of this Agreement
• You engage in unauthorized use of the App
• Apple removes the App from the App Store
9.2 Termination by Company
Company may terminate this Agreement or your license at any time, with or without cause, by:
• Removing the App from the Apple App Store
• Disabling your access to the App
• Providing notice to you
9.3 Effect of Termination
Upon termination:
• Your license to use the App is immediately revoked
• You must cease all use of the App
• All provisions regarding intellectual property, disclaimers, and limitations of liability survive termination
• Company may recover damages for breach
10. User Conduct and Responsibilities
10.1 Acceptable Use
You agree to use the App responsibly and in compliance with this Agreement, all applicable laws, and Apple's policies. You are responsible for:
• Maintaining the confidentiality of any login credentials
• All activities conducted under your account
• Ensuring compliance with all applicable laws in your jurisdiction
• Protecting your device and data
10.2 Prohibited Content
You agree not to use the App to:
• Upload, display, or transmit illegal content
• Share content that violates intellectual property rights
• Transmit personally identifiable information of others without consent
• Engage in any form of exploitation or abuse
• Violate Apple's App Store policies or guidelines
11. Modification of the App
Company reserves the right to:
• Modify, update, or enhance the App at any time
• Add, remove, or change features and functionality
• Discontinue the App or any features
• Implement technical measures to prevent unauthorized use
Company is not obligated to provide notice of modifications, though we will attempt to communicate material changes when reasonably feasible.
12. Support and Maintenance
Company provides the App on a best-effort basis. Company is not obligated to:
• Provide technical support or customer service
• Fix bugs or address feature requests
• Maintain or update the App
• Ensure compatibility with future iOS versions
Communication and feedback regarding the App may be submitted to:
Email: algo.web.develop@gmail.com
13. Compliance with Laws and App Store Policies
13.1 Legal Compliance
You agree to comply with:
• All applicable international, national, state, and local laws
• Apple's App Store Review Guidelines
• Apple's Terms and Conditions for App Store services
• All regulations and licensing requirements
13.2 Apple App Store Compliance
This App and its distribution comply with:
• Apple's current App Store Review Guidelines
• Apple's minimum terms requirements
• International privacy regulations (GDPR, CCPA, etc.)
• Apple's App Tracking Transparency framework
14. Entire Agreement
This Agreement, together with the Privacy Policy, constitutes the entire agreement between you and Company regarding the App and supersedes all prior negotiations, agreements, and understandings, whether written or oral.
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
15. Governing Law and Jurisdiction
15.1 Applicable Law
This Agreement is governed by and construed in accordance with applicable international laws and the laws of the jurisdiction from which the App is operated, to the extent permitted by law and without regard to conflict of law principles.
15.2 Dispute Resolution
Any disputes arising from this Agreement shall be resolved through:
1. Informal negotiation in good faith
2. Binding arbitration, mediation, or litigation as permitted by applicable law
3. Individual actions (class actions are not permitted)
16. Severability
If any provision of this Agreement is deemed invalid or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, or if impossible, severed.
The remaining provisions shall remain in full force and effect.
17. Assignment
You may not assign, transfer, or sublicense your rights or obligations under this Agreement without Company's prior written consent. Any attempted assignment in violation of this provision is void. Company may assign this Agreement to a successor entity without notice or consent.
18. Waiver
No waiver of any provision or breach of this Agreement is effective unless in writing and signed by Company. The failure to enforce any right does not constitute a waiver of that right or any other right.
19. Contact Information
For questions, concerns, feedback, or requests regarding this EULA or Terms of Use, please contact:
Email: algo.web.develop@gmail.com
We will respond to your inquiries within thirty (30) days or as required by applicable law.
20. Additional Apple Requirements
20.1 Acknowledgment of Apple's Role
You acknowledge that:
• This App is distributed via the Apple App Store
• This Agreement is between you and Company only, not with Apple
• Apple is not responsible for the App's content, functionality, or support
• Apple has no obligation to provide maintenance or support services
20.2 Apple's Liability
Apple is not liable for:
• Claims related to the App's functionality or performance
• Breach of this Agreement or the Privacy Policy
• Personal injury or property damage related to App use
• Any damages arising from your use of the App
20.3 Compliance Confirmation
Company confirms that Eyely:
• Complies with Apple's current App Store Review Guidelines
• Contains no prohibited content or functionality
• Respects user privacy and data protection
• Includes appropriate disclosures regarding camera access and data processing
21. Acknowledgment and Agreement
BY CLICKING "AGREE," DOWNLOADING, INSTALLING, OR USING EYELY, YOU ACKNOWLEDGE THAT:
1. You have read this entire Agreement
2. You understand all terms and conditions
3. You agree to be bound by this Agreement
4. You have the legal authority to enter into this Agreement
5. You understand the Privacy Policy
6. You acknowledge Eyely's limitations and disclaimers
IF YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT USE THE APP.
THANK YOU FOR USING EYELY
We appreciate your trust and commitment to maintaining a safe, lawful, and respectful user experience.
Last Updated: November 17, 2025