Legal

End User License Agreement

Last updated January 27, 2025  ·  EyeLevel.ai LLC  ·  Denver, CO

This License Agreement (“Agreement”) is a legal agreement between You (either an individual or a single entity) and Eyelevel.ai LLC, (“EyeLevel.ai” or “Us”) for its EyeLevel.ai and GroundX.ai products as defined below (the “Products”). This Agreement governs your trial (if applicable), purchase and ongoing use of the Products, whether or not you have paid for use of the Products.

BY EXECUTING AN ORDER FORM THAT REFERENCES THIS AGREEMENT, OR BY ACCESSING THE PRODUCTS VIA ITS USER INTERFACE OR API USING AN AUTHORIZED ACCOUNT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT USE THE PRODUCTS. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE PRODUCTS. YOU WILL NOT BE CHARGED UNLESS YOU USE THE PRODUCTS.

YOU MAY NOT ACCESS THE PRODUCTS IF YOU ARE A DIRECT COMPETITOR, EXCEPT WITH PRIOR WRITTEN CONSENT BY US. IN ADDITION, YOU MAY NOT ACCESS THE PRODUCTS FOR PURPOSES OF MONITORING THE PRODUCTS AVAILABILITY, PERFORMANCE OR FUNCTIONALITY, OR FOR ANY OTHER BENCHMARKING OR COMPETITIVE OR MARKET ANALYSIS PURPOSES.


I. Definitions

1. Affiliate

“Affiliate” means any entity which directly or indirectly controls, is controlled by, or is under common control with the subject entity. “Control,” for purposes of this definition, means direct or indirect ownership or control of 50% or more of the voting interests of the subject entity.

2. Fees

“Fees” means all monies due (in USD) to EyeLevel.ai for use by You of the Products as per this Agreement.

3. Malicious Code

“Malicious Code” means viruses, worms, time bombs, trojan horses and other harmful or malicious code, files, scripts, agents or programs.

4. Order Form

“Order Form” means the ordering documents and/or online order forms used to purchase the license governed by this Agreement. An Order Form specifies the scope of the license granted to You, including whether the Products will be provided as SaaS-based services, deployed in Your managed cloud environment, or installed on Your on-premises infrastructure. Order Forms may also include pricing, payment terms, deployment specifications, support levels, and any addenda entered into between You and Us from time to time.

Order Forms shall be deemed automatically a part of this Agreement (i.e., incorporated herein by reference).

5. Product and/or Products

“Product” and/or “Products” means the EyeLevel.ai and GroundX.ai software, solutions, and platforms provided by Us, which may be:

  1. SaaS-based: Delivered as online, web-based application(s) hosted and managed by Us via www.eyelevel.ai, www.groundx.ai, and/or other designated websites; or
  2. Customer-managed: Licensed for deployment on Your cloud environment or on-premises infrastructure.

The Products, whether SaaS-based or customer-managed, may include associated offline components, updates, documentation, development toolkits, server applications, and development tools. The Products may consist of groups of Components identified as any one or more of the following: Libraries, Platforms, Server Products, Applications, Programs, and Developer Tools, all as modified from time to time. The Products are defined collectively herein, regardless of their mode of delivery (SaaS-based or customer-managed), and their use is governed by this Agreement.

6. UserGuide

“UserGuide” means the online user guidance presented and accessible from within the Products or any site associated therewith, as updated from time to time. This may also be referred to as the EyeLevel.ai or GroundX.ai Knowledge Base.

7. Users

“Users” means You and persons or entities who are authorized by You to use the Products, who use Your credentials or have been supplied their own user identifications and passwords by You (or by Us at Your request). Users may include but are not limited to Your employees, consultants, contractors and agents or third parties with which You transact business.

8. EyeLevel.ai, We, Us or Our

“EyeLevel.ai”, “We,” “Us” or “Our” means EyeLevel.ai, a Delaware Corporation located at 1127 S. Grant St., Denver, CO 80210, and its Affiliates.

9. GroundX.ai or GroundX

“GroundX.ai”, or “GroundX” means a technology service for building AI applications offered by EyeLevel.ai.

10. You or Your

“You” or “Your” means both You and the company or other legal entity for which you are accepting this Agreement, and Affiliates of that company or entity.

11. Your Data

“Your Data” means all digital information, including but not limited to electronic documents, spreadsheets, emails, digital records, transcripts, databases, related metadata, and any personal data as defined under the General Data Protection Regulation (EU Regulation 2016/679, “GDPR”). For customer-managed deployments, “Your Data” includes any data that resides within systems, storage, or infrastructure controlled by You that is accessed or processed by the Products. For the avoidance of doubt, “personal data” refers to any information relating to an identified or identifiable natural person as defined in GDPR Article 4(1).

12. Output

“Output” means any response, report or similar reply or information presented by or within the Products in response to any Prompt.

13. Prompt

“Prompt” means any question, inquiry, or other request a User submits to the Products.


II. General Grant of License

1. General Grant

For each license You have acquired for the Products, We grant You a non-exclusive, non-transferable right to use the Products within Your organization, subject to the scope defined in the applicable Order Form, including whether the Products are provided as SaaS-based services or deployed in Your managed cloud or on-premises environment.

2. Individual License

If You are an individual, We grant You a personal, nonexclusive license to use the Products in accordance with the terms of this Agreement, provided that You are the sole person using the Products.

3. Entity License

If You are an entity or are registering on behalf of an entity, We grant to You the right to designate individuals within Your organization to use the Products in accordance with the terms of this Agreement and as specified in the Order Form.

4. Customer-Managed Deployments

For Products deployed in Your managed cloud or on-premises environment, You are solely responsible for the installation, operation, maintenance, and security of the Products. We do not monitor, access, or control the Products in such environments, except as explicitly agreed upon in writing for support purposes.

5. Separation of Components

The Products are licensed as modular Components, allowing You to license and use specific Components independently, as specified in the applicable Order Form. For example:

  1. You may license and use GroundX Ingest independently to process complex documents into LLM-ready data, which You may then output to Your own RAG or other software systems.
  2. Alternatively, You may license and use the entire RAG pipeline, including GroundX Ingest and GroundX Search, for a complete solution.

While Components can be licensed and used independently, the functionality and compatibility of each Component with Your systems are governed by the specifications outlined in the applicable Order Form and related documentation.

6. Update License Terms

All Updates shall be considered part of the Products and subject to the terms and conditions of this Agreement. Additional license terms may accompany Updates. By accessing, installing, copying, or otherwise using any Update, You agree to be bound by the terms accompanying such Update. If You do not agree to the additional license terms accompanying such Update, do not access, install, copy, or otherwise use such Update. For customer-managed deployments, it is Your responsibility to apply any Updates provided by Us to maintain the Products.


III. Products Trial

1. Trial Period

We may make the Products available to You on a trial basis at a duration of Our sole and exclusive choosing. Additional trial terms and conditions may appear on the trial registration web page or may be provided by Us to You. Any such additional terms and conditions are incorporated into this Agreement and are legally binding. Sometimes this Products trial is referred to as a “POC” or “Proof of Concept” which by this definition, and under this Agreement is the same as Trial Period.

2. Your Trial Data

ANY DATA YOU ENTER INTO THE PRODUCTS AND ANY CUSTOMIZATIONS MADE TO THE SERVICES BY OR FOR YOU, DURING YOUR TRIAL MAY BE PERMANENTLY LOST UNLESS YOU PURCHASE THE PRODUCTS AS COVERED BY THE TRIAL OR, TO THE EXTENT AVAILABLE WITHIN THE PRODUCTS’ NORMAL FUNCTION, EXPORT SUCH DATA BEFORE THE END OF THE TRIAL PERIOD.

3. Disclaimer During Trial

NOTWITHSTANDING THE SECTION BELOW TITLED WARRANTIES AND DISCLAIMERS, DURING THE TRIAL THE SERVICES ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY.


IV. Purchased Products

1. Our Responsibilities

We shall:

  1. provide to You basic support for the Products at no additional charge, and/or upgraded support if purchased separately, as specified in the applicable Order Form;
  2. use commercially reasonable efforts to make the SaaS-based Products available at all times throughout the year, except for:
    1. planned downtime (of which We shall give reasonable notice via the Products or by other means if appropriate) and which shall be scheduled, to the extent practicable, at lowest usage times; or
    2. any unavailability caused by circumstances beyond Our reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, pandemics, acts of terror or malice, strikes or other labor problems (other than those involving Our employees), or Internet service provider failures or delays; and
    3. provide the SaaS-based Products only in accordance with applicable laws and government regulations.

For customer-managed deployments, Our responsibilities are limited to:

  1. providing installation instructions and technical documentation necessary for deploying the Products;
  2. delivering Updates, patches, and bug fixes as part of maintenance, if included in the Order Form or related agreements; and
  3. offering support services explicitly outlined in the applicable Order Form, provided such services do not require access to Your managed environment unless explicitly agreed in writing.

2. Your Responsibilities

You shall:

  1. be responsible for You and Your Users’ compliance with this Agreement;
  2. for customer-managed deployments, be solely responsible for installing, operating, maintaining, and securing the Products, including applying any Updates or patches provided by Us;
  3. be solely responsible for the accuracy, quality, integrity, and legality of Your Data and of the means by which You acquired Your Data, except to the extent the acquisition of such data is due to the technical functions of the Products;
  4. use commercially reasonable efforts to prevent unauthorized access to, or use of, the Products and notify Us immediately of any such unauthorized access or use;
  5. use the Products only in accordance with this Agreement, the User Guide, and applicable laws and government regulations;
  6. not use the Products in a way that infringes, misappropriates, or violates any person’s rights;
  7. for modular deployments of the Products, ensure that any integration of a Component with third-party systems or software is done in accordance with the documentation provided and does not violate the terms of this Agreement; and
  8. ensure compliance with applicable privacy, security, and data protection laws for data processed in Your managed environment, as We do not monitor or access such data.

3. Usage Limitations

You shall not:

  1. make the Products available to anyone other than Users,
  2. sell, resell, rent or lease the Products without Our prior written consent,
  3. use the Products to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights,
  4. knowingly use the Products to store or transmit Malicious Code,
  5. interfere with or disrupt the integrity or performance of the Products or third-party data contained therein,
  6. use the Products to illegally attempt to access, acquire or otherwise obtain Data to which You are not legally entitled, or
  7. attempt to gain unauthorized access to the Products or its related systems or networks.

VI. Third-Party Providers

1. Third-Party Products and Services

All or some of the Products may be designed to deliver Data to, and accept Data from, Third-Party Products and Services providers on Your behalf and as authorized by You. For example, You may request that Data be delivered to, or imported from, a third-party resource or software, not provided, hosted, or controlled by EyeLevel.ai.

2. Acquisition of Third-Party Products and Services

No purchase of third-party products or services is required to use the Products. Any acquisition by You of third-party products or services, except as may be offered by Us from time to time, including but not limited to Third-Party Applications and implementation, customization and other consulting services, and any exchange of Data between You and any third-party provider, is solely between You and the applicable third-party provider. We do not warrant or support third-party products or services.

3. Third-Party Applications and Your Data

If You enable Third-Party Applications for use with the Products or the Data managed by the Products, You acknowledge that We may allow providers of those Third-Party Applications to access Your Data as required for the interoperation of such Third-Party Applications with the Products at Your Request. We shall not be responsible for any disclosure, modification or deletion of Your Data outside of the Products resulting from any such use by Third-Party Application providers.


VII. Fees and Payment Terms

1. Acknowledgement and Acceptance of Fees

You may be presented with a specific quote, purchase order, or other fee schedule via the EyeLevel.ai or GroundX.ai websites, from EyeLevel.ai or GroundX.ai directly, or via an authorized EyeLevel.ai or GroundX.ai partner or reseller (the “Fee Schedule” or “Fees”). The Fee Schedule will set forth the pricing for Your use of the Product(s), which may include:

  1. SaaS Fees: Fees for SaaS-based services billed as recurring subscription charges or usage-based fees;
  2. License Fees: One-time or term-based fees for licensing Products for deployment on Your managed infrastructure;
  3. Maintenance Fees: Annual or periodic fees for Updates, patches, or technical support for customer-managed deployments; and
  4. Additional Fees: Any other applicable charges, such as professional services or consulting fees, as outlined in the Order Form.

Your use of the Products is deemed to be Your acknowledgement and acceptance of the relevant Fees, including transactional, recurring, or one-time fees as per this Agreement.

2. Payment of Fees

You shall pay all Fees for Your use of the Products. Except as otherwise specified in this Agreement or within the Products:

  1. Fees are quoted and payable in United States dollars;
  2. Fees are based on the scope and nature of the license or service You select and are not dependent on Your actual usage or non-usage of the Products;
  3. Payment obligations are non-cancelable, and Fees and monies paid are non-refundable, except as explicitly provided in this Agreement; and
  4. For customer-managed deployments, Fees may include additional charges for extended support, technical consulting, or custom integrations.

3. Fee Schedule Changes

Unless otherwise specified on any applicable Purchase Order, Order Form, or other such document, We reserve the right to alter that Fee Schedule at any time, provided that we give You no less than a 30-day notice of the Fee Schedule changes.

4. Invoicing and Payment

You shall pay all fees for your use of the Products. You will provide Us with valid and updated credit card information, or with a valid purchase order, invoicing contact information or alternative document reasonably acceptable to Us. If You provide credit card information to Us, You authorize Us to charge such credit card for all Products requests as per the Order Form or as per the Fee Schedule. Such charges shall be processed at the time You submit each request, or in accordance with any other billing frequency to which We agree in writing. If You specify that payment will be by a method other than a credit card, We will invoice You at the time You submit each request. Invoiced charges are due upon receipt. You are responsible for maintaining complete and accurate billing and contact information in the Products.

5. Automatic Renewal

Unless You notify Us no less than 30 days prior to the automatic renewal date as stated in the Order Form or Fee Schedule, your license shall automatically renew for the period stated in such Order Form or Fee Schedule.

6. Overdue Charges

If any charges are not received from You by the due date, then at Our discretion, (a) such charges may accrue late interest at the rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower, starting 30 days after the date such payment was due until the date paid, and/or (b) We may condition future payment terms that are shorter than those specified herein or in your Order Form or Fee Schedule, or (c) We may require advanced payment for continued future use of the Products.

7. Suspension of Access to Products

If any Fees or other amounts owing by You under this, the Order Form or any other agreement between You and Us, for the Products or Our services, are 60 or more days overdue, then We may, without limiting Our other rights and remedies, suspend Your access to the Products and any related services provided to You until such amounts are paid in full.

8. Payment Disputes

During the first 30 days after a payment issue (the “Dispute Period”), You will not be considered in breach of this Agreement if You withhold the portion of such payment that is subject to a bona fide dispute; provided You: (a) give Us written notice setting forth in detail the reason for the dispute, on or before the payment due date; (b) meet and confer in good faith with Us to resolve the dispute, starting promptly after such notice; (c) pay the undisputed portion of the payment on or before its due date; and (d) pay the disputed fees, if legitimate, promptly after resolution of the dispute. No dispute will alter Our rights to interest payments pursuant to this section regarding payments actually due. You waive any claim or dispute regarding any Fees not raised during the Dispute Period.

9. Collection Costs

You shall pay all Our reasonable collection costs, including attorney fees, incurred by Us to collect any Fees or other charges due to Us under this Agreement following Your breach of Your payment obligations to Us.

10. Taxes

Unless otherwise stated or presented to You at the time of any Per Use or service request order, Our Fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including but not limited to value-added, sales, use or withholding taxes, assessable by any local, state, provincial, federal or foreign jurisdiction (collectively, “Taxes”). You are responsible for paying all Taxes associated with Your purchases hereunder. If We have the legal obligation to pay or collect Taxes for which You are responsible under this paragraph, the appropriate amount shall be invoiced to and paid by You, unless You provide Us with a valid tax exemption certificate authorized by the appropriate taxing authority. For clarity, We are solely responsible for taxes based on Our income, property and employees.


VIII. Proprietary Rights

1. Intellectual Property

The Products are protected by copyright, patent, trade secret, and other intellectual property rights, laws, and treaties. We or Our suppliers own the title, copyright, and other intellectual property rights in the Products. The Products are licensed, not sold. For customer-managed deployments, this license grants You no ownership or proprietary rights in the software or related intellectual property.

2. Reservation of Rights

Subject to the limited rights expressly granted hereunder, We reserve all rights, title, and interest in, and to, the Products, including all related intellectual property rights. This includes any derivative works, updates, or enhancements made to the Products by Us. No rights are granted to You other than as expressly set forth in this Agreement or in the applicable Order Form.

3. Restrictions

You shall not:

  1. permit any third party to access the Products except as permitted by this Agreement;
  2. create derivative works based on the Products, except as explicitly permitted under this Agreement or the Order Form;
  3. copy, frame, or mirror any part or content of the Products, other than for internal business continuity purposes as allowed under the Agreement;
  4. reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code of the Products, except to the extent permitted by applicable law or explicitly agreed upon in writing by Us;
  5. sublicense, resell, rent, lease, or otherwise transfer the Products to any third party without Our prior written consent; or
  6. access or use the Products to build a competitive product or service or copy any features, functions, or graphics.

4. Limitation on Reverse Engineering, De-compilation and Disassembly

You acknowledge that the Products and their structure, organization, and source code contain Our valuable trade secrets. Accordingly, You may not reverse engineer, decompile, disassemble, or modify the Products, nor allow any third party under Your control to do so, except as explicitly permitted under applicable law or agreed upon in writing by Us. For customer-managed deployments, You are further prohibited from attempting to extract or repurpose underlying algorithms, models, or proprietary techniques used in the Products.

5. Publicity

EyeLevel.ai and GroundX.ai may use Customer’s name, logo, and general description of their use of the Products (“Customer Marks”) in its marketing and promotional materials, including, but not limited to, its website, social media channels, press releases, case studies, pitch decks, and other sales and marketing collateral.

6. Customer Marks

EyeLevel.ai and GroundX.ai will use Customer Marks in accordance with Customer’s branding guidelines, provided such guidelines are shared with EyeLevel.ai in writing. By default, EyeLevel.ai may describe the Customer’s use of the Products in general terms without requiring additional approval.

7. Confidential Information

EyeLevel.ai will not disclose or share any information or data provided by the Customer that is subject to a confidentiality agreement (e.g., NDA) without the Customer’s explicit prior written consent. Any use of Customer Marks or descriptions that go beyond general references, including specific quotes, metrics, or endorsements, will require prior written consent from the Customer (email consent is sufficient). Customers may revoke consent for specific use cases by providing written notice to EyeLevel.ai, which will comply within 30 days of such notice.

For avoidance of doubt, EyeLevel.ai and GroundX.ai may publicly list Customer as a client unless explicitly requested otherwise in writing.

8. Ownership of Technology

WE SHALL REMAIN THE SOLE OWNER OF AND RETAIN ALL RIGHTS, TITLE, AND INTEREST IN ANY SERVICE, TECHNICAL INFORMATION, AND/OR INTELLECTUAL PROPERTY RIGHTS PROVIDED TO YOU. THIS INCLUDES, WITHOUT LIMITATION, ALL TRADEMARKS, TRADE NAMES, SERVICE MARKS, COPYRIGHTS, COMPUTER PROGRAMS, GENERAL UTILITY PROGRAMS, SOFTWARE, METHODOLOGY, DATABASES (EXCLUDING YOUR CONTENT CONTAINED IN DATABASES), SPECIFICATIONS, SYSTEM DESIGNS, APPLICATIONS, ENHANCEMENTS, DOCUMENTATION, MANUALS, KNOW-HOW, FORMULAS, HARDWARE, TOOLS, LIBRARIES, DISCOVERIES, INVENTIONS, TECHNIQUES, AND ANY METHODS, PROCEDURES, PRACTICES, OR SOLUTIONS UTILIZED IN CONNECTION WITH THE PRODUCTS OR SERVICES.

9. Ownership of Your Data

You exclusively own all rights, title and interest in and to all of Your Data. That is independent of access to Your Data for there may be additionally incurred charges for Your use of the Products or Your access to Your Data as provided by this Agreement, the Order Form correlated agreements or addenda. Your ownership rights to Your Data do not restrict EyeLevel.ai’s ownership of or other rights to information EyeLevel.ai independently (a) develops or (b) receives from a third party.

10. License to Customer Data

  1. SaaS-Based Deployments: Customer hereby grants EyeLevel.ai, GroundX.ai, and its suppliers a non-exclusive, royalty-free license to access, use, reproduce, modify, and display the Customer Data for the purposes of: (i) providing the Hosted Services; (ii) exercising its rights and obligations under this Agreement; (iii) generating Aggregated and Anonymous Data to improve system performance; (iv) complying with its obligations under law.
  2. Customer-Managed Deployments: For Products licensed for deployment in Your managed cloud environment or on-premises infrastructure, EyeLevel.ai and GroundX.ai will not access or use Customer Data except as explicitly agreed in writing for support or troubleshooting purposes requested by You, or product development purposes explicitly approved by You in writing. You are solely responsible for managing, securing, and maintaining such data.

11. Rights to Outputs

We offer no representation or warranty, express or implied, related to intellectual property or other rights in Outputs, and You use Outputs at your own risk with regard to all such rights. Notwithstanding the foregoing, We hereby grant You a nonexclusive, perpetual, worldwide license to reproduce, distribute, modify, publicly perform, publicly display, and use Outputs.

12. Usage, Suggestions, or Feedback

You represent and warrant that you have all rights necessary to submit suggestions and/or feedback to Us about Your use of the Products, and you hereby grant Us a fully paid, royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, or incorporate into the Products and/or Our services, any and all suggestions, enhancement requests, recommendations or other feedback provided by You, including Users, relating to the Products or Our services.

13. Performance Data

Any analytics or similar data collected, generated or processed by Us based on Your access to and use of the Products (“Performance Data”) will be owned by Us, and We may collect and use such Performance Data for any lawful purpose, provided We will only disclose Performance Data to third parties for the purposes of facilitating the Products, for internal purposes, or as otherwise required by law.

14. Export Control

You acknowledge that the goods, software, and technology acquired from EyeLevel.ai are subject to U.S. export control laws and regulations, including but not limited to ITAR, EAR, U.S. antiboycott regulations, economic sanctions regulations of the U.S. Department of the Treasury, and the USA Patriot Act. You agree to remain compliant with all such export control laws and regulations and will not export, re-export, or otherwise transfer any EyeLevel.ai Products, services, materials, or technology contrary to such laws or regulations.


IX. Confidentiality

1. Definition of Confidential Information

As used in this Agreement, “Confidential Information” means all confidential information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”), whether orally, in writing, or electronically, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure.

2. GDPR and Confidentiality of Your Data

For customer-managed deployments, EyeLevel.ai acts as neither a data controller nor a data processor under GDPR with respect to Your Data. You are solely responsible for ensuring GDPR compliance in Your managed environment. For SaaS-based deployments, EyeLevel.ai acts as a data processor under GDPR in a passive capacity and will process Your Data only as necessary to provide the Products.

3. Protection of Confidential Information

Except as otherwise permitted in writing by the Disclosing Party, the Receiving Party shall use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but in no event less than reasonable care) not to disclose or use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement.

4. Protection of Your Data

Without limiting the above, We shall maintain appropriate administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Your Data. We shall not (a) modify Your Data, (b) disclose Your Data except as compelled by law or as expressly permitted by You, or (c) access Your Data except to provide the Products or prevent or address service or technical problems, or at Your request in connection with customer support matters.


X. Data Protection and GDPR Compliance

This section applies to the processing of personal data within the European Economic Area (EEA) or personal data otherwise subject to GDPR. For SaaS-based deployments, You are the data controller, and EyeLevel.ai acts as a data processor solely for the purpose of hosting and processing Your Data in accordance with Your instructions and this Agreement. For customer-managed deployments, EyeLevel.ai neither processes nor accesses personal data.

As data controller, You are responsible for determining the lawful basis for processing personal data, obtaining necessary consents, responding to data subject requests, and ensuring uploaded data is limited to what is necessary. EyeLevel.ai will implement appropriate technical and organizational measures to protect Your Data and will notify You without undue delay (and within 72 hours where feasible) of any personal data breach involving Your Data.


XI. Warranties and Disclaimers

1. Disclaimer of Warranties

EXCEPT FOR ANY LIMITED WARRANTY PROVIDED HEREIN, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUPPLIERS AND AFFILIATES PROVIDE THE PRODUCTS AND SUPPORT SERVICES AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES, DUTIES, OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE.

2. Our Warranties

We warrant that the Products shall perform as per the representations made in the User Guide, this Agreement, any Order Form, or related Agreement and addenda; and that the functionality of the Products will not be materially decreased.

3. Outputs

WITH RESPECT TO OUTPUTS SPECIFICALLY, YOU AGREE TO ACCEPT ALL OUTPUTS ‘AS IS,’ WITH NO REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED. WE DO NOT REPRESENT OR WARRANT THAT OUTPUTS WILL BE FREE OF ERROR NOR OF CONTENT THAT MAY INFRINGE ON THIRD-PARTY RIGHTS, INCLUDING WITHOUT LIMITATION, PRIVACY AND INTELLECTUAL PROPERTY RIGHTS.


XII. Mutual Indemnification

1. Indemnification by Us

We shall defend You against any claim made or brought against You by a third-party alleging that the use of the Products as permitted hereunder infringes or misappropriates the intellectual property rights of such third-party, and shall indemnify You for any damages finally awarded against, and for reasonable attorney’s fees incurred by, You in connection with any such claim; provided that You promptly give Us written notice, You give Us sole control of the defense and settlement, and You provide to Us all reasonable assistance.

2. Indemnification by You

You shall defend Us against any claim made or brought against Us by a third-party alleging that Your Data, or Your use of the Products in violation of this Agreement, infringes or misappropriates the intellectual property rights of such third-party or violates applicable law, including data protection laws such as GDPR.


XIII. Limitation of Liability

1. Limitation of Liabilities and Remedies

IN NO EVENT SHALL EYELEVEL.AI’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE TOTAL AMOUNT PAID BY YOU HEREUNDER IN THE 12 MONTHS PRECEDING THE INCIDENT.

2. Exclusion of Incidental, Consequential, and Certain Other Damages

IN NO EVENT SHALL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, OR PUNITIVE DAMAGES HOWEVER CAUSED (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUE OR PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER), WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY.


XIV. Term and Termination

1. Term of Agreement

This Agreement commences on the date You accept it and continues until Your account has been terminated. If You elect to use the Products for a trial period and do not purchase the Products before the end of that period, this Agreement will terminate at the end of the trial period.

2. Termination for Cause

Either party may terminate this Agreement for cause: (i) upon 30 days written notice to the other party of a material breach if such breach remains uncured at the expiration of such period, or (ii) if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors.

3. Return of Your Data

Upon request by You made within 90 days after the effective date of termination of Your use of the SaaS-based Products, and provided that You have fully paid for all requested use, We will make Your Data available to You for download.

4. Deletion of Your Data

AFTER 90 DAYS FROM THE EFFECTIVE DATE OF YOUR TERMINATION OF YOUR USE OF THE PRODUCTS, WE SHALL HAVE NO OBLIGATION TO MAINTAIN OR PROVIDE ANY OF YOUR DATA AND, UNLESS LEGALLY PROHIBITED, MAY DELETE ALL OF YOUR DATA IN OUR SYSTEMS OR OTHERWISE IN OUR POSSESSION OR UNDER OUR CONTROL.


XV. Notices, Governing Law and Jurisdiction

1. Governing Law and Jurisdiction

This Agreement will be governed by the laws of the State of Delaware, without regard to the principles of conflict of laws, the United Nations Convention on Contracts for the International Sale of Goods, or other international laws.

2. Notices to Us

All Notices to Us shall be delivered via email to legal@eyelevel.ai AND via certified mail or express overnight service to EyeLevel.ai, 1127 S. Grant St., Denver, CO 80210.

3. Waiver of Juries and Class Actions

Each party hereby waives its right to a trial by jury for disputes arising out of or related to this Agreement. Neither party shall bring or participate in any class action or other representative proceeding arising out of or related to this Agreement.


XVI. DMCA Policy

EyeLevel.ai is committed to addressing copyright infringement claims in compliance with the Digital Millennium Copyright Act (DMCA). This policy applies only to Our Cloud-Based SaaS services. For Customer-Managed Deployments, copyright owners must address any infringement concerns directly with the customer managing the deployment.

Submitting a DMCA Notice

If you believe content hosted in our Cloud-Based SaaS service infringes your copyright, submit a DMCA Notice to our designated agent at support@eyelevel.ai. Your notice must include: (1) identification of the copyrighted work; (2) identification of the allegedly infringing material; (3) your contact information; (4) a good faith belief statement; (5) a statement under penalty of perjury that the information is accurate; and (6) your physical or electronic signature.

Counter-Notification

If you believe your material was reported in error, you may submit a Counter-Notification to our DMCA Agent at the contact details above.


XVII. General Terms

1. Relationship of the Parties

The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties.

2. Assignment

Either party may assign this Agreement in its entirety (including all Order Forms), without consent from the other party but notice must be provided within 10 days of such assignment.

3. Entire Agreement

This Agreement, including all exhibits and addenda hereto and all Order Forms, constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter.

4. Amendment

We may amend this Agreement from time to time by posting an amended version on our website and sending You a written notice thereof. Such amendment will become effective 30 days after such notice. Your continued use of the Products after such 30-day notice period will confirm Your consent to such amendment.

5. Force Majeure

Any delay in the performance of any duties or obligations of either party (except for the obligation to pay Fees owed) will not be considered a breach of this Agreement if such delay is caused by a labor dispute, shortage of materials, war, fire, earthquake, typhoon, flood, natural disasters, governmental action, pandemic/epidemic, cloud-service provider outages, or any other event beyond the control of such party.


Questions? Contact us at legal@eyelevel.ai  ·  EyeLevel.ai, 1127 S. Grant St., Denver, CO 80210