This document is a comprehensive, self-contained terms and conditions of purchase intended to be the single legal reference for all EyeClick Inc. purchase transactions, whether placed via the EyeClick website, a signed Purchase Order, an electronically-signed quotation (e.g. PandaDoc), or any other written acceptance. All previously referenced standalone policy pages (Privacy Policy, Delivery Policy, Returns Policy, EULA, Site Terms) are incorporated inline below to eliminate dependence on external links.
Welcome to EyeClick.
These Terms and Conditions of Purchase (the “Terms”) form a legal agreement between you, the customer (whether an individual or an entity) (“you”, “your”, or “Customer”) and EyeClick Inc., a Delaware corporation with its registered office at 80 Business Park Drive, Armonk, NY 10504, USA (“EyeClick”, “Company”, “we”, “us”, or “our”).
These Terms apply to the purchase and delivery of Products and Subscriptions through (a) our website at https://eyeclick.com (the “Website”); (b) a signed Purchase Order or quotation, including documents executed electronically via PandaDoc or any equivalent e-signature service; and (c) any other written acceptance of a purchase offer issued by us. By submitting an Order, signing a Purchase Order or quotation, clicking “I Agree”, “Pay”, “Buy”, “Accept”, or by remitting payment, you confirm your unconditional acceptance of these Terms.
If you are entering into this contract on behalf of an organization, you hereby declare that you have the authority or have been granted approval by the organization to do so and that the organization is aware of your actions and will be legally bound by them.
These Terms together with the Order Confirmation constitute the entire agreement between us and you for the supply of the Products and Subscriptions (collectively, the “Contract”). No other terms or conditions shall apply, including any conflicting terms in any Customer-issued purchase order; in the event of conflict, these Terms prevail.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT SUBMIT AN ORDER, DO NOT SIGN A PURCHASE ORDER OR QUOTATION, AND DO NOT REMIT PAYMENT.
In these Terms:
1.1. “Products” means the hardware, software, and bundled offerings that we sell from time to time, including but not limited to EyeClick-branded interactive projector systems (Beam, Beam Mobile, Obie, EyeWiz, EyePlay), mounting hardware, accessories, and any third-party hardware provided by Company.
1.2. “Subscription” means our recurring content, software-update, and support service that includes access to our games library, periodic new game releases, software updates, bug fixes, and customer support, as further described in Section 9 below.
1.3. “Order” means an order for Products and/or Subscription placed in accordance with these Terms.
1.4. “Purchase Order” (or “PO”) means a Customer’s written or electronically-signed acceptance of a quotation, estimate, or order form issued by us, including documents executed via PandaDoc or any equivalent e-signature service. A signed PO constitutes an Order under these Terms.
1.5. “Order Confirmation” means the order confirmation issued by us to you (by email or other electronic means) indicating our acceptance of your Order, the Products and Subscriptions purchased, and the relevant delivery details.
1.6. “Commitment Period” means the minimum prepaid Subscription period selected by you at the time of Order placement, typically twelve (12) months unless otherwise stated on the Order Confirmation.
1.7. “Effective Order Date” means the date on which both (a) the Purchase Order or website Order is fully signed or submitted, and (b) we have received the full purchase price (or the agreed deposit, if installment terms apply).
2.1. We will make commercially reasonable efforts to ensure that information about the Products on the Website and in Quotations is accurate and up-to-date. However we do not warrant that there will be no errors in the description or pricing of Products, or that the Products will always be available.
2.2. None of the material contained on the Website is to be relied upon as a statement or representation in relation to the Products. All images, illustrations and descriptions of Products are for information only. For binding pricing and product specifications, refer to the executed Purchase Order or Order Confirmation.
2.3. We reserve the right, at any time and without notice, to modify the information about Products displayed on our Website, including without limitation information on prices, description and availability of Products. Changes to price, availability or description of Products will not affect Orders that have been already accepted by us with respect to which an Order Confirmation was sent to you.
2.4. Promotional Pricing. Discounts, promotional codes, and limited-time offers (e.g. seasonal sales) apply only to Orders received within the stated promotional window. Once the promotional window closes, prices return to the then-current published rates. Promotions cannot be retroactively applied to previously accepted Orders.
3.1. You may place an Order in one of three ways:
3.2. Each method described in Section 3.1 constitutes a binding Order upon (a) Customer execution and (b) our acceptance (which may be evidenced by issuance of an Order Confirmation, by configuration and shipment of Products, or by receipt of payment).
3.3. When you place an Order, you make an offer to us to purchase the Products and Subscription selected. Orders are subject to availability and acceptance by us. We may, at any time and at our sole discretion, refuse to accept your Order.
3.4. Standard Ceiling Mount. When you place an Order, please make sure that the supported standard mount of the Product is compatible with your selected play area’s ceiling. It is your responsibility to confirm in advance that the supported standard mount is compatible or to upgrade to a custom mount, if required. Upgrading the supported standard mount is done by choosing the required item on our Website or specifying it on your Purchase Order, subject to availability and acceptance by us. In case you do not have the compatible mount during installation and you do not wish to cancel your Order, you may reschedule installation, subject to the applicable fee.
3.5. Resale Prohibition. The Products offered for sale are intended solely for the purpose of selling directly to end users. Purchase of Products for resale or distribution is strictly prohibited without our prior written authorization. If we believe you are involved in purchase for resale, we reserve the right to take any action against you, including, without limitation, to restrict sales to you, cancel your Orders, and/or suspend or close your account.
3.6. E-signature acceptance. Customer agrees that an electronic signature applied to a Purchase Order, quotation, or these Terms (whether via PandaDoc, DocuSign, or any equivalent service) has the same legal effect as a handwritten signature and constitutes binding acceptance of these Terms.
4.1. We will make commercially reasonable efforts to ensure that the information about Products displayed on our Website is always accurate. However, certain Products may unfortunately be out of stock or subject to supply-chain delays.
4.2. Communication of delays. If a Product is out of stock, delayed in configuration, or otherwise delayed in shipment, we will notify you and provide an estimated ship date. Shipping delays do not, by themselves, give rise to a cancellation right. The Customer’s primary right of recourse for any concerns with the Product is the 30-day post-delivery return right set out in Section 11.
4.3. Pre-Orders. In case we offer a pre-order opportunity for a Product not yet generally available, we will describe its specific terms (including the expected ship window) at the time of Order placement, and you will be requested to approve them specifically.
5.1. The prices of the Products are indicated on the Website and confirmed in the Order Confirmation, Purchase Order, or quotation as accepted by you.
5.2. All purchases are quoted and payable in United States Dollars (USD) unless otherwise expressly agreed in writing. While we may display prices in other currencies for convenience, all binding amounts are in USD.
5.3. Sales Tax, VAT, or other applicable indirect tax will be added as a separate line item where required by applicable law. Unless expressly stated, listed prices do not include any sales tax or VAT. If Customer holds a valid tax-exemption certificate, Customer must provide the certificate to us prior to Order acceptance for the exemption to apply.
5.4. Bank wire fees, currency conversion charges, intermediary bank fees, withholding tax, and any similar governmental or financial charges are the responsibility of the Customer. Amounts due to EyeClick must be received net of any such fees.
5.5. Delivery, installation, and shipping costs (if any) will be indicated on the Order Confirmation or Purchase Order. Customer is responsible for any additional costs incurred due to incorrect delivery information provided by Customer.
6.1. Accepted methods. We accept payment by (a) major credit cards (Visa, MasterCard, American Express, Discover), processed via third-party payment processors and a secure online gateway; (b) bank wire transfer to the account specified on the Purchase Order; (c) ACH transfer where available; and (d) third-party financing such as Affirm Inc., subject to that provider’s terms. We may modify accepted payment methods from time to time.
6.2. Wire-transfer terms. When payment is made by bank wire transfer, the Customer is responsible for all wire-transfer, intermediary-bank, and currency-conversion fees. Funds must be received by us in full (net of all such fees) for the Order to be deemed paid. We will provide our then-current banking instructions on the Purchase Order. Wire transfers received with insufficient funds will be held until the shortfall is cured by the Customer.
6.3. Credit / debit card terms. If you pay by credit or debit card, you must supply your card details when you place your Order. Your credit or debit card will be charged for the total value of your Order at the time the Order is placed by you, or in installments as defined on the payment page or Purchase Order. We reserve the right to verify the identity of the cardholder. We will not accept your Order, nor will we supply the Products to you, until your card issuer has authorized payment.
6.4. Subscription billing. Subscription fees are billed on the Effective Order Date for the initial Commitment Period and recur as further described in Section 9. The Customer authorizes us to charge the payment method on file for all Subscription fees as they come due, including upon auto-renewal, until the Subscription is properly canceled in accordance with these Terms.
6.5. Failed payments. If any amounts invoiced are not received by the due date (including any decline of a credit-card charge), (a) such amounts may accrue late interest at the rate of one-and-one-half percent (1.5%) per month or the maximum rate permitted by applicable law (whichever is lower) from the due date until paid in full, and (b) we may, without limiting any other right or remedy, suspend the Subscription, withhold delivery, and require advance payment of any outstanding balance.
6.6. Disputed charges and chargebacks. Customer agrees to contact us in good faith to resolve any billing dispute before initiating a chargeback or payment-card dispute with the issuing bank. If a chargeback is initiated for amounts owed under an accepted Order, we may (a) suspend or terminate the Subscription and access to any software-licensed Products, (b) reverse any refunds previously granted, and (c) recover all reasonable collection costs (including legal fees) incurred in defending the chargeback.
6.7. Title and risk of loss. Title to the Products and risk of loss pass to the Customer upon delivery. Notwithstanding the foregoing, if Customer has not completed payment of the full purchase price (including any installments or the Commitment Period for the Subscription), we retain a purchase-money security interest in the Products until full payment is received, and we may reclaim possession of the Products in the event of payment default.
6.8. Anti-fraud. We may, at our sole discretion, restrict the use of certain payment methods or shipping to certain countries or locations we believe to be a high fraud risk.
7.1. Delivery locations. Products are delivered to addresses in the United States and other countries as listed at the time of Order placement. Delivery to addresses not listed requires our prior written approval.
7.2. Shipping methods. We will provide suitable packaging for normal shipping included in the Order price. Any special packaging requested by you, including white-glove delivery, will be at your expense.
7.3. Delivery charges. Delivery charges, if any, are indicated on the Order Confirmation or Purchase Order. “Free shipping” offers apply only to the methods and destinations indicated at the time of Order placement.
7.4. Receipt of delivery. Customer (or its authorized representative) must inspect the Products upon delivery and report any visible damage or shortage to the carrier and to us in writing within seven (7) days of delivery. Failure to do so within this window constitutes acceptance of the Products as delivered.
7.5. No delivery until payment. We will not deliver any Products until full payment (or the agreed deposit) has been received.
7.6. Risk of loss after delivery. After delivery, the Customer is responsible for any loss, damage, theft, defect, or destruction caused to the Products, due to any cause whatsoever, except as covered by our limited warranty in Section 13.
8.1. The Products may be installed in one of two ways: (a) self-installation by the Customer using the mounting hardware and instructions provided, or (b) professional installation by EyeClick or one of our qualified installers, at the Customer’s election and subject to additional fees.
8.2. Self-installation. If the Customer elects self-installation, EyeClick hereby disclaims, and the Customer accepts our disclaimer of, any liability related to physical damage to the Product or property, or personal injury, arising from the installation process, except for damage attributable to defective mounting hardware as covered by our limited warranty.
8.3. Pre-installation requirements. Installation requires (a) a compatible ceiling, wall, or floor surface; (b) standard 110V (US) or 230V (intl) electrical service within reach of the projector; (c) recommended internet connection for Subscription updates; and (d) clear play area free of obstructions. Pre-installation requirements are further described in the installation manual provided with the Product.
8.4. Site survey. For professional installations, we may require a site survey to confirm pre-installation requirements. Customer agrees to provide reasonable access for site survey and installation.
9.1. What’s included. The Subscription includes (a) access to our games library, including content released during the Subscription period; (b) periodic software updates, bug fixes, and patches; (c) customer support during our standard business hours; and (d) on-site maintenance and limited warranty service as specified in Section 13.
9.2. Commitment Period. Subscriptions are sold with an initial minimum prepaid period (the “Commitment Period”), typically twelve (12) months. The Commitment Period is set forth on the Order Confirmation or Purchase Order. Termination of the Subscription within the Commitment Period is not permitted and Subscription fees for the Commitment Period are non-refundable, except as expressly required by applicable law.
9.3. Auto-renewal. UNLESS YOU CANCEL BEFORE THE END OF THE CURRENT SUBSCRIPTION TERM, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW at the then-current rate for additional periods equal in length to the initial Commitment Period (typically twelve months). The payment method on file will be charged at the start of each renewal period. We will provide email notice to the address on file at least thirty (30) days before each auto-renewal date. California residents: in accordance with California’s Automatic Renewal Law, you may cancel your auto-renewal at any time, including immediately after purchase, by sending written notice to Support@eyeclick.com. The remainder of any prepaid Commitment Period that has not been used will not be refunded.
9.4. Subscription cancellation. To cancel your Subscription, send written notice (email is acceptable) to Support@eyeclick.com including your full name, user account or order reference, and the effective cancellation date requested. Cancellation will be effective at the end of the then-current Subscription period (unless an earlier date is required by applicable law). Upon cancellation, your access to the games library will be revoked, but you will retain access to any “Permanent Games License” Products as specified in your Order Confirmation.
9.5. Suspension for non-payment. If a Subscription fee charge is denied or otherwise unpaid, we may suspend the Subscription (including content access) until payment is cured. Any outstanding balance becomes immediately due and payable upon suspension.
9.6. Permanent Games License. Where the Order Confirmation specifies a number of “Permanent Games License” Products (e.g. 20 games), those licenses survive Subscription cancellation and remain usable on the original Product hardware, subject to the EULA terms in Section 12.
10.1. Customer-initiated cancellation before shipment. Customer may cancel an Order for any reason by giving written notice to Support@eyeclick.com before the Products are shipped, subject to any non-recoverable third-party charges (e.g. custom-mount fees, custom-configuration charges) actually incurred. We will refund amounts paid net of such non-recoverable charges.
10.2. Customer-initiated cancellation after shipment. Once the Products have been shipped, the Order cannot be canceled but may be eligible for return under Section 11.
10.3. EyeClick-initiated cancellation. We may cancel an Order at any time prior to shipment if we discover a pricing error, supply unavailability, or evidence of Customer breach of these Terms. In such case we will refund any amounts paid.
11.1. DOA / damaged-on-arrival. Products that arrive damaged or non-functional must be reported in writing to Support@eyeclick.com within seven (7) days of delivery. We will, at our option, repair, replace, or refund the Product.
11.2. 30-day return. Subject to the conditions in Sections 11.3-11.7, Customer may request to return a Product within thirty (30) days of delivery for any reason. To qualify for a refund, the Product must be returned in new, uninstalled condition. Products that have been mounted, installed, permanently affixed, modified, drilled into surfaces, or otherwise used beyond basic inspection and tabletop testing are not eligible for return under the 30-day return policy. The Product must be returned to us in the same condition as it was received, including without limitation: (a) unmodified, undamaged, and in fully working condition; (b) in its original packaging with all original protective materials, manuals, cables, mounting hardware, accessories, and any complimentary items; (c) with all original labels, serial-number stickers, and tamper-evident seals intact; and (d) free of any signs of installation, mounting, drilling, adhesive use, cable routing, or extended use beyond basic visual inspection and tabletop testing.
11.3. Costs borne by Customer. Returns under Section 11.2 are subject to the following deductions from the refund:
Outbound shipping costs originally paid by us (or any “free shipping” promotional value applied to the Order) are not refundable.
11.4. Exclusions from 30-day return. The following are not eligible for return under Section 11.2: (a) custom-configured Products; (b) opened software licenses and opened Permanent Games Licenses; (c) Subscription fees for periods that have been consumed; (d) any portion of the Order expressly described on the Order Confirmation as “non-returnable” or “final sale”; (e) Products damaged after delivery due to misuse, accident, or unauthorized modification; and (f) Products that have been installed, ceiling-mounted, wall-mounted, floor-mounted, or otherwise physically affixed to a surface.
11.5. Return process and inspection. To initiate a return, Customer must contact Support@eyeclick.com within the 30-day window to request a Return Merchandise Authorization (RMA) number. Returns received without an RMA number may be refused at the carrier or subject to additional processing fees at our discretion. Upon receipt of the returned Product:
No refund will be issued before the returned Product is received by us and has cleared inspection.
11.6. Risk of loss in transit. Risk of loss and damage to the Product during return shipping is borne by the Customer. We strongly recommend the Customer use a tracked and insured shipping method. If the Product is lost or damaged in transit, the Customer is responsible for filing any carrier claims; we will not be obligated to issue a refund for any unit not received in the condition required by Section 11.2.
11.7. Exchanges. We will consider exchanges for an alternate Product of equal or greater value (Customer paying the price difference plus any additional shipping) on a case-by-case basis. Exchanges are subject to the same condition, inspection, and restocking-fee requirements as returns.
12.1. License grant. Subject to these Terms and timely payment of all amounts due, EyeClick grants Customer a non-exclusive, non-transferable, revocable license to use the software embedded in or licensed with the Products solely for Customer’s internal business or personal use, within the location(s) specified on the Order Confirmation.
12.2. Restrictions. Customer shall not (a) reverse engineer, decompile, or disassemble the software, except to the extent expressly permitted by applicable law notwithstanding this restriction; (b) modify, adapt, translate, or create derivative works of the software; (c) rent, lease, sublicense, distribute, or transfer the software or any Permanent Games License to any third party; (d) remove or alter any proprietary notices; or (e) use the Products for commercial purposes outside the scope of the Order Confirmation, including without limitation resale, public display for paid admission outside the licensed venue, or use as a service provider to third parties.
12.3. Prohibited use. By accepting these Terms you confirm that the Product will be for internal use only within your organization and in locations or facilities you are authorized to use in accordance with the Order Confirmation. Any type of commercial use beyond the scope of the Order Confirmation (e.g. intended for resale or distribution, or use at unlicensed venues) is strictly prohibited and will be considered a material breach. UPON SUCH PROHIBITED USE, WITHOUT PREJUDICE OF ANY FURTHER LEGAL ACTION WE MAY TAKE, WE WILL IMMEDIATELY REVOKE YOUR LICENSE, REMOVE ANY PRODUCT WARRANTY, SUPPORT OR MAINTENANCE YOU MAY HAVE, TERMINATE ANY AND ALL LIABILITIES WE MAY HAVE UNDER THESE TERMS AND CONDITIONS AND YOUR ENGAGEMENT WITH US AND WILL RESERVE THE RIGHT OF ANY FURTHER LEGAL ACTION WE MAY FIND APPROPRIATE.
12.4. Ownership. Company retains all proprietary rights, including patent, copyright, trademark, trade secret, and other intellectual property rights, in and to the Products, the software, the games library, and all content used, displayed, or made available through the Products. No title or ownership rights are transferred to the Customer.
12.5. Open-source components. The Products may include open-source software components. Where applicable, the relevant open-source license terms govern use of those components and are available on request.
13.1. Limited hardware warranty. Subject to the conditions of this Section 13, EyeClick warrants the Products against defects in materials and workmanship for a period of twelve (12) months from the date of delivery (the “Warranty Period”). This warranty extends only to the original Customer and is non-transferable.
13.2. Active Subscription required. Hardware warranty coverage is conditional on the Customer maintaining an active Subscription throughout the Warranty Period. Lapsed or terminated Subscriptions void the remaining warranty.
13.3. Exclusive remedies. During the Warranty Period, EyeClick will, at its sole discretion, repair or replace any Product determined to be defective, or refund the purchase price. These remedies are the Customer’s sole and exclusive remedies for defects in the Products.
13.4. Warranty exclusions. The warranty does not cover (a) damage from misuse, abuse, accident, modification, or neglect; (b) damage from improper installation (where Customer self-installed in violation of pre-installation requirements); (c) damage from operation outside the published environmental specifications; (d) cosmetic damage that does not affect function; (e) damage from unauthorized service or modification; (f) consumable parts (e.g. projector lamps if applicable); (g) damage from acts of God, power surges (without surge protection), or external causes; or (h) Products with removed or altered serial numbers.
13.5. Warranty service process. To request warranty service, contact Support@eyeclick.com with a description of the defect, serial number, and proof of purchase. We may require diagnostic information and / or photographs / video before authorizing service.
13.6. EXCEPT FOR THE LIMITED WARRANTY EXPRESSLY STATED IN THIS SECTION 13, THE PRODUCTS ARE SUPPLIED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. THE COMPANY DOES NOT WARRANT THAT THE USE OF THE PRODUCTS WILL BE UNINTERRUPTED, ERROR-FREE, OR WILL MEET YOUR SPECIFIC REQUIREMENTS. THE COMPANY MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, REGARDING THE PRODUCTS AND YOUR USE THEREOF, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AVAILABILITY, SECURITY, COMPATIBILITY, NON-INFRINGEMENT, OR COMPLETENESS OF RESPONSES, RESULTS, AND LACK OF NEGLIGENCE.
14.1. Photosensitive warning. A very small percentage of people may experience a seizure when exposed to certain visual images, including flashing lights or patterns that may appear in video games. Even people with no history of seizures may have an undiagnosed condition that can cause these seizures. Symptoms may include lightheadedness, altered vision, eye or face twitching, jerking or shaking of arms or legs, disorientation, confusion, or momentary loss of awareness. If anyone using the Product experiences any of these symptoms, immediately stop use of the Product and consult a physician. If you are purchasing the Product intended for use by others, you represent and warrant that you will inform them and/or their parents or legal guardians of these warnings.
14.2. Physical safety. The Product is intended for use in active play involving body, hand, and foot movement. To avoid injury or damage, users must (a) avoid stairs, low ceilings, and any object that could be struck or entangled with; (b) clear the play area of people, pets, fragile or valuable items; (c) avoid looking directly into the projector lens or laser when the projector is on; (d) take periodic breaks; and (e) supervise children under the age of six (6) at all times during use.
14.3. Eye safety. The projector lens emits bright light. Looking directly into the lens may cause eye damage and is especially dangerous for children and pets. Users must avoid looking into the lens at any time during operation.
14.4. ASSUMPTION OF RISK. YOU EXPRESSLY ACKNOWLEDGE THAT YOU ARE USING THE PRODUCTS VOLUNTARILY AND ENTIRELY AT YOUR OWN RISK, AND THAT YOU ARE AWARE OF THE RISKS ASSOCIATED WITH USING THE PRODUCTS, WHICH MAY INCLUDE BUT ARE NOT LIMITED TO PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. YOU ASSUME ALL RELATED RISKS FROM USING THE PRODUCTS. IF YOU ARE PURCHASING THE PRODUCTS INTENDED FOR USE BY OTHERS, YOU REPRESENT AND WARRANT THAT YOU WILL INFORM THEM AND/OR THEIR PARENTS OR LEGAL GUARDIANS OF THESE TERMS, INCLUDING THE RISKS THAT MAY BE ASSOCIATED WITH THE USE OF THE PRODUCT.
15.1. EXCLUSION OF INDIRECT DAMAGES. IN NO EVENT WILL COMPANY, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, OR ITS SUPPLIERS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND WHETHER OR NOT ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES; (B) DAMAGES FOR LOST PROFITS OR LOST DATA, INCLUDING WITHOUT LIMITATION, LOSS OF GOODWILL, SAVINGS, OR OTHER BUSINESS INFORMATION; OR (C) COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY, OR SERVICES.
15.2. CAP ON AGGREGATE LIABILITY. IF, DESPITE THE CLEAR AND UNAMBIGUOUS INTENTION OF THE PARTIES HEREOF AS EXPRESSLY STATED IN ALL OF THE ENGAGEMENT DOCUMENTS INCLUDING THESE TERMS AND CONDITIONS, A COMPETENT COURT SHALL DETERMINE THAT THE COMPANY IS LIABLE IN ANY WAY OR FORM, THEN IN NO CASE SHALL THE AGGREGATE LIABILITY OF COMPANY AND ITS SHAREHOLDERS, DIRECTORS, OFFICERS, AND EMPLOYEES UNDER THESE TERMS AND CONDITIONS OR ARISING OUT OF OR OTHERWISE RELATED TO THE PRODUCT OR TO YOUR USE OF THE PRODUCT EXCEED THE PURCHASE PRICE THAT YOU ACTUALLY PAID TO COMPANY UNDER THE ORDER CONFIRMATION GIVING RISE TO THE LIABILITY.
15.3. Specific exclusions. Without derogating from the foregoing, Company assumes no liability or responsibility for any (I) errors, mistakes, or inaccuracies of content, (II) unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, (III) any interruption or cessation of transmission to or from the Product and/or our service, (IV) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our Product and/or service through the actions of any third party, and/or (V) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Product.
16.1. Upon our first demand, you will indemnify and hold Company, its shareholders, directors, officers, and employees, harmless from any claim, liability, cost, loss, damage, and expense (including reasonable legal fees) caused due to (a) your access and use of the Products in violation of these Terms, (b) your violation or infringement of any rights (including, without limitation, privacy rights, copyright, or other intellectual property rights) of any third party, (c) your breach of any representation or warranty made in these Terms, or (d) any User Content you submit, post, or transmit through the Products or Platform Services.
17.1. Your privacy is important to us. Any use of EyeClick’s Products and related services may involve processing of personal data, including contact information, account information, and usage information generated by the Products.
17.2. Information we collect. In connection with the purchase and use of Products, we may collect (a) Customer contact details (name, address, email, phone); (b) billing and payment information (processed via our payment partners); (c) Product usage telemetry (game-play data, device-health metrics); and (d) support and service-request information.
17.3. Use of information. We use the information to (a) process Orders and provide Products and Subscription; (b) provide customer support; (c) improve our Products and services; (d) communicate with you about your account, Orders, and Subscription; (e) comply with legal obligations; and (f) detect and prevent fraud.
17.4. Sharing. We may share information with (a) service providers acting on our behalf (payment processors, shipping carriers, support vendors), under contractual obligations of confidentiality; (b) entities involved in a merger, acquisition, or sale of business assets; (c) authorities when required by law; and (d) other parties with your consent.
17.5. Data retention. We retain Customer information for the duration of the customer relationship and for a reasonable period thereafter as required for our legitimate business purposes (e.g. tax records, dispute resolution, warranty service) or as required by law.
17.6. Your rights. Subject to applicable law (including the California Consumer Privacy Act (“CCPA”), the EU General Data Protection Regulation (“GDPR”), and similar laws), you have the right to (a) access the personal data we hold about you; (b) request correction of inaccurate data; (c) request deletion of your personal data, subject to our retention obligations; (d) opt out of certain uses of your data; and (e) lodge a complaint with the relevant data protection authority. To exercise any of these rights, contact Support@eyeclick.com.
17.7. Cookies and analytics. Our Website uses cookies and similar technologies for site functionality, analytics, and marketing. By using our Website you consent to these technologies, subject to your browser settings.
17.8. Security. We take reasonable technical and organizational measures to protect Customer data, including encryption in transit, access controls, and audit logging. However, no system is perfectly secure, and we cannot guarantee absolute security.
17.9. International transfers. Customer information may be transferred to and stored in the United States and other jurisdictions where we or our service providers operate. By placing an Order, you consent to such transfers.
18.1. Our Website and certain Products may enable Customer and other users to upload, post, deliver, publish, display, or transmit content including comments, inquiries, reviews, evaluations, feedback, images, and other content (“User Content” and “Platform Services”, respectively).
18.2. Customer responsibilities. By submitting User Content, you warrant that (a) you have all necessary rights, licenses, and permissions to the User Content; (b) the User Content does not violate any third-party rights, including privacy, publicity, copyright, trademark, contract, or any other rights; and (c) the User Content complies with applicable law.
18.3. License grant to EyeClick. You grant to EyeClick a non-exclusive, royalty-free, worldwide, perpetual license to use, modify, display, distribute, and create derivative works of User Content for purposes of providing the Products and Platform Services and for improving our offerings.
18.4. Moderation. We reserve the right (but have no obligation) to monitor, edit, or remove any User Content at our sole discretion.
18.5. No EyeClick endorsement. User Content does not reflect the views of EyeClick. We make no warranties regarding User Content from any source.
18.6. Infringement claims. If you believe in good faith that any material on the Website infringes your rights, please notify Support@eyeclick.com with specifics of the alleged infringement.
19.1. We will make every effort to perform our obligations under these Terms. However, we cannot be held responsible for delays or failure to perform if such delay or failure is caused by any circumstances beyond our reasonable control, including without limitation (a) acts of God, explosion, flood, fire or accident; (b) war or civil disturbance; (c) strike, industrial action, or stoppages of work; (d) any form of government intervention, embargo, or regulatory action; (e) a third party act or omission, including supplier failure or carrier delay; (f) failure of utility services or communication networks; (g) pandemic, epidemic, or public-health emergency; (h) chip-shortage, semiconductor-supply, or other component-availability constraints; or (i) failure by you to provide a correct delivery address, notify us of a change of address, or affect payment.
19.2. We will inform you of any such unforeseen event as soon as reasonably possible after its occurrence and we will perform our obligations as soon as reasonably possible. Should this interruption continue beyond a period of ninety (90) days, you will be entitled to cancel your Order and we will refund the price you have paid, less any non-recoverable third-party costs actually incurred.
20.1. Minimum age. Children under the age of six (6) require the supervision of an adult while using the Product. We recommend ongoing adult supervision for all children using the Product.
20.2. No accounts for minors. Customer accounts and Subscriptions are intended for users aged 18 and over. If you are under 18, your parent or legal guardian must be the account holder.
21.1. Company makes no promise or representation that the Products shall conform to any federal, state, or local laws, regulations, ordinances, codes, or standards specific to the Customer’s industry or use case (including without limitation requirements applicable to schools, healthcare facilities, senior care facilities, or commercial entertainment venues).
21.2. The Products’ pricing does not include the cost of any inspections or permits. It is the Customer’s responsibility to apply for and obtain any and all licenses, permits, and other authorizations required for the use of the Products, including without limitation building permits, electrical permits, fire-marshal approvals, and any sector-specific approvals.
21.3. Healthcare and Senior Care customers. If the Customer is a healthcare facility, the Customer acknowledges that the Product is not a medical device, is not FDA-cleared, and is not intended to diagnose, treat, cure, or prevent any disease.
21.4. Export control. Customer represents that it is not located in, organized under the laws of, or ordinarily resident in any country or territory subject to comprehensive US or EU sanctions, and is not on any restricted-party list maintained by the US Department of the Treasury Office of Foreign Assets Control (OFAC) or similar authority.
22.1. Governing law and jurisdiction. These Terms, the Order Confirmation, and any related performance shall be governed exclusively by and construed under the laws of the State of New York, USA, without regard to its conflict-of-laws principles. The state and federal courts located in the State of New York, USA, shall have sole and exclusive jurisdiction over any dispute under or related to these Terms. Customer waives any right to jury trial and to participate in any class action or class-arbitration proceeding with respect to disputes under these Terms.
22.2. Assignment. Company may assign any of its rights and/or obligations hereunder to any third party without your consent. Customer may not assign its rights or obligations without our prior written consent.
22.3. Severability. In the event that a court of competent jurisdiction finds any provision of these Terms to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect, and the unenforceable provision shall be modified to the minimum extent necessary to make it enforceable while preserving the original intent.
22.4. No waiver. The failure of Company to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed by Company in writing.
22.5. Entire agreement. These Terms (including any policy referenced and incorporated herein) along with your Order Confirmation constitute the entire agreement between you and Company for the supply of Products and Subscription, and supersede all prior or contemporaneous understandings regarding such subject matter. In the event of a discrepancy or contradiction between what is stated in these Terms and what is mentioned in any other publication and/or information published and/or given by Company and/or anyone on its behalf with regard to the Product or Company’s services, the provisions of these Terms shall prevail.
22.6. Modifications. Company reserves the right to update these Terms from time to time, with or without notice. Modifications will be effective upon posting at https://eyeclick.com/legal/terms-and-conditions-of-purchase. Continued use of the Products or Subscription after such modifications constitutes acceptance of the modified Terms. However, modifications shall not retroactively affect Orders that have been accepted and confirmed prior to the modification date.
22.7. Notices. Notices to EyeClick should be sent to Support@eyeclick.com or by registered mail to EyeClick Inc., 80 Business Park Drive, Armonk, NY 10504, USA. Notices to Customer will be sent to the email address on file for the Customer account or Order.
22.8. Counterparts and electronic signatures. These Terms may be accepted electronically (via website checkout, e-signature on a Purchase Order, or otherwise), and such electronic acceptance constitutes a legally binding agreement having the same force and effect as a handwritten signature.
22.9. Language. These Terms are written in English. Any translation provided for convenience is non-binding; in case of conflict, the English version prevails.
22.10. Survival. Sections 11 (Returns), 12 (Software License), 13 (Warranty), 14 (Assumption of Risk), 15 (Limitation of Liability), 16 (Indemnification), 17 (Privacy), 22 (Miscellaneous), and any other provisions that by their nature should survive termination, shall survive termination of these Terms.
If you have questions about these Terms, please contact our Customer Service department by sending an email to Support@eyeclick.com or write to:
EyeClick Inc. 80 Business Park Drive Armonk, NY 10504, USA Tel: +1 (914) 219-0279
END OF TERMS AND CONDITIONS