Terms of Service


Last Updated: December 06, 2025

These Terms of Service (“Terms”) govern your access to and use of EyeKon App (the “Service”), operated by EyeKon Technology Inc., a Delaware corporation (“we,” “us,” or “Company”). By creating an account, clicking “I Accept,” or using the Service, you agree to these Terms and our Privacy Policy.

1. Eligibility
You must be at least 18 years old (or the age of majority in your jurisdiction) and capable of forming a binding contract. You may not use the Service if you are barred from doing so under applicable law.

2. Account Registration & Security

  • You are responsible for maintaining the confidentiality of your login credentials.
  • You must notify us immediately of any unauthorized use of your account.

You are solely responsible for all activity that occurs under your account.

3. Subscription Plans & Payment

3.1. Fees
You agree to pay all fees specified in your chosen plan. Unless otherwise stated, fees are quoted in U.S. dollars and exclude taxes.

3.2. Billing & Auto-Renewal

  • Subscriptions renew automatically (monthly or annually) until cancelled.
  • We may change prices with 30 days’ notice (price changes do not affect the current billing period).
  • Payments are non-refundable except as expressly stated in our Refund Policy.

3.3. Taxes
You are responsible for all applicable taxes (VAT, GST, sales tax, etc.) unless we explicitly state that fees are tax-inclusive.

4. Free Trials & Free Accounts

  • We may offer free trials or limited free accounts.
  • At the end of a trial, your subscription will automatically convert to a paid plan unless you cancel beforehand.

Free accounts may have limited features and may be terminated if inactive for 90+ days.

5. Your License to Use the Service
Subject to these Terms and payment of fees, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business or personal purposes.

6. Customer Data & Your Responsibilities

6.1. Ownership

You retain all rights to data you upload or create in the Service (“Customer Data”).

6.2. License to Us

You grant us a worldwide, royalty-free, irrevocable license to host, store, process, modify, and display Customer Data as necessary to provide and improve the Service and as permitted by our Privacy Policy.

6.3. Your Obligations
You represent and warrant that:

  • You own or have the necessary rights to all Customer Data.
  • Your use of the Service and Customer Data will not violate any law or third-party rights (including intellectual property, privacy, or publicity rights).

You will not upload malicious code, spam, or illegal content.

7. Prohibited Conduct

You agree not to:

  • Resell, sublicense, or distribute the Service.
  • Reverse engineer, decompile, or attempt to extract the source code.
  • Use the Service to violate any law or regulation.
  • Overload or attempt to impair the Service (DoS attacks, excessive API calls, etc.).

Use automated means (bots, scrapers) except with prior written approval.

8. Intellectual Property

  • The Service, its design, code, and all related intellectual property are owned by us or our licensors.

You may not remove any copyright, trademark, or other proprietary notices.

9. Confidentiality

Each party agrees to keep the other’s confidential information secret and use it only as necessary to perform these Terms.

10. Termination

10.1. By You

You may terminate your account at any time via your account settings.

10.2. By Us

We may suspend or terminate your access immediately if:

  • You breach these Terms.
  • You fail to pay fees.

We believe your use harms the Service, other users, or us.

10.3. Effect of Termination

Upon termination:

  • Your access ceases immediately.
  • You remain liable for any unpaid fees.

We may delete your Customer Data after 30 days (unless legally required to retain it).

11. Data Export & Deletion

You may export your data at any time. After termination or upon request, we will delete your Customer Data within 30 days, subject to legal retention obligations.

12. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • WE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS OR DATA).

OUR TOTAL LIABILITY WILL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

14. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, or expenses arising from:

  • Your breach of these Terms.
  • Your violation of any law or third-party rights.

Your Customer Data.

15. Governing Law & Dispute Resolution

15.1. Governing Law

These Terms are governed by the laws of the State of Texas, USA (without regard to conflict of law principles).

15.2. Arbitration

Any dispute will be resolved by binding arbitration in Dallas, Texas under the rules of the American Arbitration Association. You waive class-action rights.

16. International Users & Compliance

  • EU/EEA/UK: You have rights under GDPR; see our Data Processing Addendum (DPA) at [link].
  • Australia: Our liability is limited only to the extent permitted by the Australian Consumer Law.

Other jurisdictions: We comply with applicable local laws where required.

17. Changes to Terms

We may update these Terms at any time. We will notify you of material changes by email or in-app notice. Continued use after changes constitutes acceptance.18. Miscellaneous

  • Entire Agreement: These Terms, the Privacy Policy, and any order form constitute the entire agreement.
  • Severability: If any provision is invalid, the remainder remains enforceable.
  • No Waiver: Failure to enforce a right does not waive it.
  • Assignment: We may assign these Terms; you may not without our consent.
  •  

Contact Us

EyeKon Technology Inc.
1302 East Collins Blvd
Richardson, TX 75081

Email: support@eyekonapp.com

Thank you for using EyeKon.