1. Introduction

1.1. Eyemote Vision. These are the terms and Conditions of use (”Terms of Use”) that regulate the use of the Services of Eyemote Vision Technologies, with the email address contact@eyemotevision.com (“EYEMOTE VISION”). EYEMOTE VISION is the company that owns the Website www.eyemotevision.com (“Website”), developer and manufacturer of the medical device Eyer Handheld Fundus Camera, automatically integrated to EyerCloud Software – together, they are called “EYEMOTE VISION PLATFORM”. You, User, can use EYEMOTE VISION’s Services, as either a Patient or Customer. Here we describe the Services we will offer you and the conditions for using EYEMOTE VISION PLATFORM. This is a legal document. We tried to make it as clear as possible, although part of its language includes legal terms.

1.2. User(s) and Customer(s). Before registering as a EYEMOTE VISION User, you (or your parent/guardian, if you are under 18) must accept these Terms of Use. In any case, by accessing, accepting and starting to use EYEMOTE VISION PLATFORM, whether as a User / Patient or as a Customer, whether free / freemium or through paid subscription service, you acknowledge to have read and accepted these Terms of Use and agree to comply with all of their terms and conditions. These terms are so important that we cannot provide you our Services before you read, understood and accepted them. The User and / or Customer also acknowledges and agrees that access to and use of the EYEMOTE VISION PLATFORM will be subject to the terms of use in force when accessing and agreeing to them. In addition, to become a EYEMOTE VISION User, you (or your parents/guardians, if you are underage) must have previously read and accepted our Privacy Policy in https://eyemotevision.com/privacy-policy/, as well as freely and explicitly agreed that EYEMOTE VISION will process your personal data.

1.3. Changes and Updates of these Terms of Use. We periodically update these Terms of use, for legal reasons, due to new technologies and features created on our platforms or for other reasons we deem necessary. If you have an active registration in our platform, we will inform you of updates via email or notification. You will be asked to accept the new Terms of Use, under penalty of having your access suspended. Likewise, EYEMOTE VISION reserves the right to suspend, interrupt or cease the operation of EYEMOTE VISION PLATFORM at any time, as described in these Terms of Use.

1.4. Authorization for Processing Personal Health Data. By accepting these Terms of Use you allow EYEMOTE VISION and its partner Customers to have your personal data collected through EYEMOTE VISION PLATFORM and processed, solely to carry out your retinal exam and send the information to the responsible doctor. For this, we use an online system called Eyercloud, which saves your examination and sends it to the doctor to issue your remote diagnosis.

1.5. Purpose for Processing Personal Data. The personal data processed through EYEMOTE VISION PLATFORM are confidential and sensitive. They comply with data protection laws, notably the LGPD – General Data Protection Law (Law no. 13.709/2018). EYEMOTE VISION PLATFORM aims to perform retinal examinations for the benefit of the patient. The examination is carried out through Eyer Retinography and sent to the doctor in charge for analysis through EyerCloud. After the analysis, a remote diagnosis can be issued. The doctor then makes it available to the patient, by generating a protocol number and password, which allow the Patient to access the diagnosis by email or in printed form. EYEMOTE VISION may also use those obtained data to create its own algorithms, analyze data, create solutions, products and benchmarks, use artificial intelligence for software improvements in benefit of the patients, provided the patients’ identity remains preserved and in an anonymized way.

2. Definitions

Customers / Partners: All those who subscribe to EyerCloud Manager software, in freemium or paid mode, including doctors, medical or laboratory institutions, clinics and hospitals, that use Eyemote Vision’s Services to carry out retinal exams on patients and/or to manage the obtaining of reports and results of exams carried out with Eyer fundus camera. This definition also includes Professional Technicians hired by Eyemote Vision’s Customers to carry out the referred exams.

Personal Data: All information/data that you, User and/or Customer, natural person, make available by accessing and using our Website and/or Eyemote Vision software, and that, grouped or not, allow you to be identified. For example: full name, address, birthdate, mother’s name. The means, purposes and goals of data collection are object of a Privacy Policy – https://eyemotevision.com/privacy-policy/

Sensitive Data: All data revealing racial or ethnic origin, political opinions, religious or philosophical convictions, trade union membership, data relating to a person’s sexual life or sexual orientation, as well as health, genetic and biometric data methods, which allow to identify a natural person unequivocally.

Qualified Professional Technicians: The field operators trained by Eyemote Vision or Eyemote Vision’s Customers to properly operate Eyer Handheld Fundus Camera and/or Software in order to perform retinal examinations, including doctors or other healthcare professional technicians.

Eyer Handheld Fundus Camera: The medical device, equipment registered in the National Health Surveillance Agency (Anvisa), manufactured and developed by Eyemote Vision and installed in a portable phone device (smartphone). Automatically integrated into the EyerCloud Software, it collects personal data and biometric data from patients, specifically focused on capturing retinal images. Together, Eyer Handheld Fundus Camera and EyerCloud Software are called “EYEMOTE VISION PLATFORM” herein;

Services: Both the content that EYEMOTE VISION Website provides and the technological features the Integrated Eyer – EyerCloud system offers. Services can be free or paid.

Free Services / freemium: Refer to both the Website content and the EyerCloud Manager Software subscription service, which allows Customers to use the Services up to the limit of 5,000 (five thousand) retinal exams per subscription.

Paid Services: Refer to the EyerCloud Software subscription service that Eyemote Vision offers Customers, when the 5,000-exam limit for a single Subscriber account. They also refer to additional Services such as remote reports and others offered upon Customer acceptance in Eyer and EyerCloud software.

EyerCloud Software: Eyemote Vision’s management software program that receives, processes and stores patient data in the cloud, generating reports and test results for Eyemote Vision Customers and allowing remote diagnosis. Eyemote Vision may provide Customers this software by paid or free monthly subscription/freemium. Together, EyerCloud Software and Eyer Handheld Fundus Camera are called “EYEMOTE VISION PLATFORM”.

Patient: The User who benefits from Services that EYEMOTE VISION Platform provides.

Users: All individuals who access and use our Services, as well as Patients and Customers, including any Doctor and/or Authorized Professional Technician who handles, operates and powers the Softwares.

3. Services

3.1. Overview. EYEMOTE VISION Services are designed to support patients, not to replace the relationship between you and your personal doctor or other healthcare professional who follows you personally and face-to-face to treat any illnesses. You should contact them directly if you have questions or concerns about your medical treatment, symptoms, physical condition or your health as a whole.

IMPORTANTNever disregard the advice of a medical professional, nor delay seeking medical attention for something you have read and/or sought advice on our Platforms.

Always seek to consult your doctor or other qualified healthcare professional when you have any questions related to a medical condition.

The health data contained in EYEMOTE VISION PLATFORM belong to the patient and are generated through the information entered with Users’ consent and in accordance with legal act of 7th article, chapter VII of 13.709/2018 – Brazilian Data Protection Act.

EYEMOTE VISION is responsible for protecting and keeping custody of the information and data entered in its platform, to the extent defined by law. EYEMOTE VISION is not responsible for the information the User shares himself / herself, with either health professionals or any other people or professionals. EYEMOTE VISION is not responsible for the loss, theft, transfer (onerous or not), of the mobile, tablet, Eyer Handheld Fundus Camera or any other electronic device that can access EYEMOTE VISION PLATFORM. In these cases, the User must notify EYEMOTE VISION, so that we take measures to prevent any data leaks or access to User Data.

3.2. Compliance. The User can access all Services that EYEMOTE VISION provides having agreed to these Terms of Use and to our Privacy Policy – https://eyemotevision.com/privacy-policy/. Account accesses of any form other than by EYEMOTE VISION Platform or our web portal is forbidden, and any consequences arising from misconduct or use are not EYEMOTE VISION’s responsibility, and may suspend the service or terminate the User’s account.

IMPORTANTBy using the EYEMOTE VISION Platform you agree to these Terms. If you do not agree to these terms, you must not use or access our Services.

4. Eyemote Vision Platform – Access and Use

4.1. Access. The User (or his/her parents / guardian, if under the age of 18) acknowledges and accepts that the access and use of EYEMOTE VISION PLATFORM occurs freely and consciously, under his / her sole responsibility. EYEMOTE VISION will not be responsible, in any case, for how the User and/or third parties may handle EYEMOTE VISION PLATFORM, nor for the damages that may arise.

4.2. Allowed Website Use. You may access the site, all information, text, images and/or other content that you view or otherwise experience on the Site, solely for non-commercial purposes. That is, only for personal and informational use about EYEMOTE VISION’s products and Services, and only as provided in these Terms of Use. The User must have all the necessary equipment for his own internet connection, including computer, mobile device and modem, as well as means to provide his/her Internet access, paying all the related fees.

4.3. Allowed EYEMOTE VISION PLATFORM use. The Customer may access the platform solely to carry out retinal exams, monitor and/or remotely manage Health Data, only in the ways provided for in these Terms of Use and, where applicable, in the agreement between EYEMOTE VISION and Customer. It is the Customer’s responsibility to ensure that they have downloaded the correct EyerCloud software version for their device. EYEMOTE VISION is not responsible if you do not have a compatible device or have downloaded a Software version incompatible with your device.

4.4. EyerCloud Software – User Account. Access to EyerCloud Software will be subject to creating a User account, by filling in the fields marked as mandatory on the platform. There, the patient will provide registration data, and create a personal and non-transferable password. In any case, to use the Services EYEMOTE VISION offers, the User (or his/her parents / guardian, if underage) must give EYEMOTE VISION his / her free and informed consent to process his / her personal data. EYEMOTE VISION reserves the right to accept or reject the request to register a User account, based on the User age (if the User is under 12), or in cases of suspected fraud and violation of the terms of use or Privacy Policy. The data entered by the User to create his / her User Account must be accurate, current and true.

4.5. Passwords. The User will be fully responsible for the password to grant access to his / her User Account, and for the use of EYEMOTE VISION PLATFORM made from it. The User will always be responsible for the custody of his password, including the security of his mobile device, assuming, therefore, any damages that may arise from its misuse, as well as its transfer, disclosure or theft. In the event of forgetting the password or any other circumstances that imply risk of User account access and/or use by unauthorized third parties, the User must notify EYEMOTE VISION immediately, so that we can immediately block and replace the password. EYEMOTE VISION has no control over the use of any User Account. In any case, the operations prior to the referred communication will be considered as carried out by the User, who will be responsible and pay the expenses and/or damages arising from any unauthorized access and/or use prior to the referred communication.

4.6. License of Use. Eyemote Vision may grant the Customer a license to use EYEMOTE VISION PLATFORM. The license to use Eyer – EyerCloud integrated system, if granted, is non-transferable, non-exclusive, as long as they remain active in the market and for the geographical area of Brazil. This license may be revoked at any time, without notice, if Eyemote Vision platform is discontinued in Brazil.

4.7. The license of use and access to EYEMOTE VISION PLATFORM means that the Customer when acquiring the medical device Eyer Handheld Fundus Camera will have automatic integration to the software Eyercloud, which has all health data management of your clients, i.e., reports and retina exams.

4.8. It’s the client’s responsibility to have all equipment and network infrastructure to access EYEMOTE VISION PLATFORM through the internet. EYEMOTE VISION won’t be responsible for quality of internet connection, maintenance and the proper functionality of the internal network or other client’s equipment.

4.9. EYEMOTE VISION PLATFORM – User Account Cancellation. EYEMOTE VISION reserves the right to modify or terminate its Services without prior notice. If EYEMOTE VISION cancels access to its Services for violation of these Terms of Use, or for ceasing to provide the service, the User will be notified at the email address registered in his User Account. Patient data history will be stored in accordance with the Privacy Policy https://eyemotevision.com/privacy-policy/

4.10. Non-exclusivity. The presented terms are formed on a non-exclusive basis, being both parts free to hire or enter into any partnership with third parties and/or other companies in the same line of business as the Parties, during and after the effectiveness of these Terms.

5. Users’ Duties

5.1. Proper Use. Users and Customers undertake to use EYEMOTE VISION PLATFORM properly and lawfully, in accordance with the applicable legislation, to these Terms of Use, to the generally accepted moral and common sense, as well as public order.

5.2. Users and Customers’ Duties. You agree that you will not:

• Use the EYEMOTE VISION PLATFORM in a way that violates these Terms of use, the Privacy Policy and / or any applicable law;
• Copy, modify, create a derivative work of, or reverse engineer or assemble EYEMOTE VISION PLATFORM, or otherwise attempt to discover any source code, or allow third parties to do so;
• Sell, assign, sublicense, lease, distribute, license, commercially exploit, grant a warranty or otherwise transfer or provide unauthorized third parties any rights over EYEMOTE VISION Services;
• Use or initiate automated systems, including but not limited to robots, spiders or offline readers, that access EYEMOTE VISION PLATFORM to send more requests to EYEMOTE VISION servers in a given period than a human could produce in the same period through a conventional online web browser;
• Use EYEMOTE VISION PLATFORM in such a way as to damage, disable or overburden any EYEMOTE VISION Website or otherwise interfere with the Website use and usefulness by any third party;
• Mirror or integrate EYEMOTE VISION PLATFORM, or any part thereof, into other Websites, applications or web pages;
• Access or try to obtain unauthorized or illegal access to EYEMOTE VISION PLATFORM, including the data or personal data contained in EYEMOTE VISION PLATFORM or in any way tamper with the security of our Services or violate our User Accounts.
• Try to investigate, verify or test the vulnerability of EYEMOTE VISION PLATFORM, or violate security or authentication measures without proper authorization, including logging into a server or account on the EYEMOTE VISION Services that you are not authorized to access;
• Use misleading or false names, addresses, e-mail addresses or subject headers when you want to contact us;
• Use EYEMOTE VISION PLATFORM in a threatening, abusive, offensive, misleading, false, fraudulent or defamatory manner, or upload files that contain vulgar, obscene, indecent or illegal material;
• Use EYEMOTE VISION PLATFORM in any way that infringes intellectual property rights or legal rights of third parties (such as privacy and privacy rights);
• Download or upload any file that you know, or reasonably should know, that cannot be legally distributed in this way – unless WE have made the referred file available for download, not on third-party links disclosed in the Software;
• Collect information about others, including email addresses, without their consent;

5.3. Report suspected violations. We encourage Users to report suspected violations of these Terms of Use by sending us an email to contact@eyemotevision.com.

5.4. The clients also are enforced by this terms of use:

• Perform, manage and supervise the registration and unregistration of users and administrators, as well as the respective authorizations and permissions to use the functionalities and view data on the PLATFORM;
• Being responsible for the information inserted in the PLATFORM, the registration, permissions, passwords and the way its users use it. EYEMOTE VISION will not be responsible for the content (information, data, passwords) eventually inserted in the PLATFORM by the Customer, being this sole and exclusive responsibility of the Customer, except for personal data to which the specific rules of Law 13.789/2018 – Brazilian General Law of Data Protection apply.
• Immediately notify EYEMOTE VISION if Customer believes that his/her login and password for accessing the PLATFORM are known to other people, for any reason, without prejudice to changing his/her password immediately through the PLATFORM;
• Do not offer the login and password for access to the PLATFORM to third parties of any nature;
• Ensure that access to the PLATFORM is performed only by people, not being used by web crawlers, spiders, robots or other data capture programs.

6. Intellectual and Industrial Property Rights

6.1. No right, title or interest of any content Eyemote Vision produces is transferred to you, whether as a result of downloading such content or in any other way. EYEMOTE VISION holds the right to exploit the intellectual property on the EYEMOTE VISION PLATFORM as well as all its contents and / or any other elements found or provided therein. This includes, without limitation: texts, graphics, data, images, videos, sounds, illustrations, computer programs, source codes, trademarks, slogans, domain names, databases, business names, flowcharts, audio and video presentations, logos, icons, image-set (trade dress), including EYEMOTE VISION’s name, figurative and nominative logos, as the selection and organization of such elements. All of them belong exclusively to EYEMOTE VISION and may not be copied, imitated, modified or used, in whole or in part, without prior written consent of a EYEMOTE VISION legal representative.

6.2. EYEMOTE VISION PLATFORM contents may not be copied, reproduced, modified, republished, uploaded, posted, transmitted, run, or distributed in any way. You agree not to modify, rent, lease, loan, sell, distribute, transmit, divulge or create derivative works based on EYEMOTE VISION PLATFORM content, in whole or in part by any means.

6.3. EYEMOTE VISION may use and incorporate, into its platforms, suggestions or feedback you provide, without any payment or condition. When we intend to use any testimonial from you, your name or your image on our platforms to advertise our Services, we will ask for your permission in accordance with our Privacy Policy https://eyemotevision.com/privacy-policy/.

6.4. Claims of infringement of intellectual property rights of third parties. EYEMOTE VISION respects the intellectual property rights of third parties, and asks its Customers and Users to do the same. EYEMOTE VISION may, in its sole discretion, suspend access to or terminate the accounts of Users who violate the intellectual property rights of third parties. If you believe that your work has been copied in a way that constitutes infringement on EYEMOTE VISION Website, please send us an email notification: contact@eyemotevision.com.

6.5. To be effective, the terms of the notification must contain information reasonably enough to allow EYEMOTE VISION to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party can be contacted.

6.6. EYEMOTE VISION is the only and exclusive owner of all intellectual property rights relating to the PLATFORM, including software and all content produced by it.

6.7. The Customer declares to be aware that the software that constitutes the PLATFORM undergoes periodic updates. The updates should be made as a priority out of business hours, or in the cases of high demand operations, on weekends, when possible.

6.8. It is forbidden for the Customer to sublicense the Software, that is, it is forbidden for the Customer to copy, distribute, modify and resell the device and software.

6.9. The use of trademarks relating to the EYEMOTE VISION PLATFORM, Eyer and Eyercloud is forbidden to Customer and partners, except as provided for in this Contract or, in other cases, with the express authorization of EYEMOTE VISION. However, Customer may use expressions referring to the aforementioned brands, only for the purpose of providing clarification or making recommendations about the PLATFORM to third parties.

7. Data Protection

7.1. EYEMOTE VISION has adopted a Privacy Policy https://eyemotevision.com/privacy-policy/ – which we may change from time to time after prior communicating to you to receive a new acceptance. The Privacy Policy will govern any disclosure or use of your Personal Data and health data. By using the EYEMOTE VISION Services, you represent that you have read, understood and agreed to the terms of the Privacy Policy. For more information, or questions about how EYEMOTE VISION uses your Personal Data, please refer to our Privacy Policy.

7.2. Use of Data and Disclaimer, and Commercial Use of Data. The imputed data, as well as that generated in Eyemote Vision’s Bi’s and APP, will be used in accordance with the primary purpose for which it was collected, as well as with the contract signed between Eyemote Vision and the Customer. Such information will be properly qualified, sanitized, and archetyped, in accordance with the contractual objectives, which will be defined with the Customer and/or the company that hires EYEMOTE VISION Service.

7.3. Confidentiality and Secrecy. EYEMOTE VISION will, at no time, share to any company, personnel, private or public body, the individual information of its Users, except if authorized by their owner, and subject to provisions expressed in law, as well as by judicial determination. EYEMOTE VISION is, however, allowed to use the data contained in its platforms, always respecting the privacy of its Users and making efforts to secure data by anonymizing them for purposes such as: Scientific Studies, development of algorithms and benchmark. Use artificial intelligence for software improvements in benefit of the patient.

7.4. Copyright Protection, Notifications, and Procedures for Making Claims of Copyright Infringement. If there is any doubt about possible infringement of your or a third party’s copyright, we kindly ask you to notify us by the means of communication available on the Website and / or on the company’s platforms, and even by physical means at the company’s headquarters, reporting:

• Identification of the document under suspicion of copyright infringement;
• Personal data of the User who raises the question;
• Data of the copyright holder;
• Email and phone number of the User so that we can communicate the analysis result.

7.5. The parties list below aspects to be observed when handling Personal and/or Protected Confidential data:

• Duration of Treatment: For the period during which these Terms of Use between the Parties are in effect, observing, also, the period of storage of documents provided for in the Applicable Legislation, including the resolutions of the Council of Medicine of country;
• Nature and Purpose of the Treatment: Enable the development of the object of these Terms of Use, meeting the needs of the data owner.
• Type of Personal Data: All data, sensitive or not, which are strictly necessary for the full and complete execution of the contractual object, namely: the Patient’s full name, unique register number, date of birth, gender, telephone, e-mail, and health data such as retinography exams.
• Categories of Protected Personal Data Subjects: Any natural person who will have his personal data processed in furtherance of the performance of the subject matter of this agreement.
• Treatment Instructions: Protected Data shall be treated as provided by applicable law, notably the Brazilian General Data Protection Law (Act 13709/2018), as well as upon collection of specific consent from the respective Data Subjects for transfer of Data by the Customer to EYEMOTE VISION.

8. Disclaimer of Warranties

8.1. Availability of Services. EYEMOTE VISION does not guarantee the intermittent availability and continuous operation of its platforms. Consequently, EYEMOTE VISION shall in no case be liable for any damages that may arise from (i) the lack of availability or accessibility of EYEMOTE VISION PLATFORM; (ii) the interruption of the operation of EYEMOTE VISION PLATFORM or computer failures, telephone malfunctions, disconnections, delays or blockages caused by deficiencies or overloads in telephone lines, data centers, Internet system or other electronic systems, produced in the course of its operation; and (iii) other damage that third parties may cause by unauthorized intrusions out of EYEMOTE VISION’s control.

8.2. The Services are provided “as is” and use is at your own risk. To the fullest extent of the law, and except as otherwise agreed through specific agreements between you and EYEMOTE VISION, EYEMOTE VISION makes no representation or warranty of any kind, express or implied, regarding your use of the Services or any information or content contained therein.

8.3. Viruses and external elements. EYEMOTE VISION does not guarantee the absence of viruses, worms, trojans or other harmful external elements. Consequently, EYEMOTE VISION will, in no case, be liable for any damages of any nature that may arise from the presence of viruses or other elements that may produce changes in the physical or logical systems, electronic documents or files of the User.

8.4. Security. EYEMOTE VISION adopts all measures required by law and best security practices to protect its platforms and content against third-party computer attacks. However, EYEMOTE VISION does not warrant that unauthorized third parties may not be aware of the conditions, characteristics and circumstances under which the User accesses his User Account. Consequently, EYEMOTE VISION will not, in any case, be liable for any damages that may arise from such unauthorized access. By using EYEMOTE VISION PLATFORM, you agree not to hold EYEMOTE VISION or any of its partners liable for any loss or damage of any kind that you have suffered because of misappropriation, interception, deletion, destruction or use of your data and personal data on our platforms.

9. Disclaimer and Limitation of Liability

9.1. No advice or information, oral or written, obtained from EYEMOTE VISION shall in any way create any warranty not expressly and explicitly stated in this agreement.

9.2. To the maximum extent allowed by law, in no event will EYEMOTE VISION and its service providers, licensors or suppliers be liable for any direct, indirect, punitive, incidental, special, consequential, exemplary or other damages, including but not limited to damages for coverage or loss of use, data, revenue or profits, arising from or in any way directly related to the use or performance of EYEMOTE VISION PLATFORM, or for any content, whether based on contract, negligence, strict liability, lack of any resource to achieve its essential purpose, even if EYEMOTE VISION or any EYEMOTE VISION supplier has been advised of the possibility of damages.

9.3. You understand and agree that you are personally responsible for your own use EYEMOTE VISION PLATFORM. In the event of misuse or inability to use EYEMOTE VISION PLATFORM, or any breach of these Terms of Use, You are subject to indemnify Eyemote Vision.

9.4. Compensation limit. If, notwithstanding any other provisions of these Terms of use, it is determined that EYEMOTE VISION shall assume any liability to a User or third party for any loss, damage or injury, you agree that the total liability of EYEMOTE VISION and its employees, directors, managers, affiliates, agents, suppliers, service providers, licensors or suppliers shall in all cases be limited to BRL 5,000 (five thousand Brazilian Reais). Since some States / jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

10. Channels and Links to Third-party Websites

10.1. The Website may provide links to other Websites on the Internet that are owned and operated by third parties. We are not responsible for the availability or content located on any third-party Website. Links from EYEMOTE VISION’s Website to other Websites do not constitute an endorsement, by EYEMOTE VISION, of the content of those Websites. You should contact us if you have any questions regarding such links or in relation to the content hosted on such Websites. Use of these third-party sites is subject to each site’s terms of Use and privacy policies, and we are not responsible for them. We encourage you to review the privacy policies of third-party Websites.

10.2. By providing links to third-party Websites, EYEMOTE VISION will not investigate the content of such information and does not endorse or warrant their accuracy, opinions or recommendations. To the extent that you make use of any link to any other Website on the internet, you understand and agree that your use of the third-party Websites is at your own risk.

11. File Downloads

11.1 EYEMOTE VISION cannot guarantee that all files eventually available for download through EYEMOTE VISION PLATFORM will be free of virus infection or other harmful computer programs.

12. General provisions

12.1. Full Agreement. These Terms of Use constitute the entire agreement between the parties regarding the subject matter thereof. No waiver, by EYEMOTE VISION, of any breach or default set forth herein shall be interpreted as a waiver of any prior or subsequent breach or default.

12.2. Validity of clauses. If any statement of these Terms of use is found to be invalid or unenforceable, the invalid or unenforceable statement shall not affect the other provisions of these terms of use, which shall remain in full force and effect.

12.3. Applicable Law and Choice of Court. Any and all disputes relating to these terms of use, EYEMOTE VISION’s Privacy Policy, your use of the EYEMOTE VISION Website or Platform and any other Eyemote Vision content are governed by and shall be interpreted in accordance with Brazilian laws, disregarding any conflicts of law provisions. You agree to the exclusive jurisdiction of the region of São Carlos, State of São Paulo, for any dispute arising out of or relating to these terms of use, EYEMOTE VISION’s Privacy Policy, your use of the EYEMOTE VISION PLATFORM or any other Website or content owned by EYEMOTE VISION.

13. Contact

EYEMOTE VISION appreciates your questions or comments regarding these Terms of Use.

If you submit comments, ideas or feedback to us through our channels, you hereby agree that we may use and publicly disclose them, without any restriction or monetary or other compensation to you. We do not waive any right to use similar or related comments, ideas or comments that are previously known to us, developed by us or obtained from sources other than you. When we intend to use any testimonial from you, your name or your image on our platforms to advertise our Services, we will ask for your permission in accordance with our Privacy Policy https://eyemotevision.com/privacy-policy/.

Contact us through the Website, chat, by email contact@eyemotevision.com or our address below, and we will make all reasonable efforts to reply to you promptly, and solve any problem or question.