Terms of Use

Last Update: 23 october 2020
Please read carefully these Terms and Conditions ("Terms") before using any services ("Services") provided by EYE DRIVE INC., a corporation incorporated under laws of the State of Delaware ("Company"), including but not limited to the Driver Assistant mobile app ("App") and the Company's website at https://driver-assistant.com.

These Terms apply to natural persons ("Users", "You") using the App to assist them from falling asleep and losing attention while driving a vehicle, and using the Website for conduction of a face scanning.

If you do not agree with these Terms, you may not access or use the Services. All information and Services are provided on a strictly "as-is" basis without any warranty whatsoever.

Use of this App is at the User's own risk. The User confirms that it is aware of all the risks associated with driving a vehicle. The User fully acknowledges his own responsibility for safe and responsible driving. The User guarantees that he is realistic and thoughtful about his personal physical condition.

The Services provided by the App are only of auxiliary and informational nature and in any way shall not be considered as a guarantee from falling asleep or losing attention in the time of driving. The Company does not assume any liability for any traffic accidents arising out of drowsy-driving or any other traffic accident that took place in the time of the App usage. The Company is not responsible for any damage, loss (direct, indirect, or incidental), and loss of profits resulting from any usage of the App, disruption to or unavailability of the App, and/or inability to use the Services or your compliance with the traffic rules. All materials and information provided by the App are for informational purposes only. The Company does not assume any liability for your use of information provided by the App, including interpretation of data, collected by the App about you.

By using the App, you explicitly acknowledge and agree that in no event will the Company be liable for any damage, loss, injury or death on the road that occurs while using the App.
General Rules
1. General Provisions
1.1. These Terms constitute a legally binding agreement between you and the Company.

1.2. These Terms apply to all Services, Content, and information provided by the Company on the App.

1.3. By accessing or using the Services, you agree to be bound by these Terms in compliance with the law of the State of Delaware, that apply to any relations between you and the Company ("Applicable Law").
2. Changes to the Terms
2.1. The Company may change, remove, or add the context of the Terms and reserves the right to do so in its sole discretion. All new and/or revised provisions of the Terms take effect immediately and apply to your use of the Services from that date on.

2.2. The Company will notify you about significant changes in these Terms. This can be done by posting a notification on the App, sending you a pop-up message, or an e-mail (if appropriate).

2.3. You can review the most current version of the Terms using the Terms and Conditions button on the bottom of the App. If you continue to use the Services after the Company makes changes to the Terms, you are signifying your acceptance of the new and/or revised Terms.

2.4. If you do not agree with new and/or revised provisions of the Terms, you cannot use the Services.
3. Services
3.1. The Company provides the following Services to its Users:

1) automatically tracking of User's face and providing it with "Drowsiness Alert" by special sounds and visual signals when the signs of drowsiness were indicated;

2) automatically tracking of User's face and providing it with "Driver Lost Alert" by special visual signals when the User disappeared from the camera;

3) providing the User with "Rest Notification" after the long hours of continuous driving;

4) collecting the data about the User's driving, and provides the User with the statistics on the safety of its driving and moments of driver distraction (e.g, not looking on the road, drinking, smoking, eating, using lipstick or looking at the phone).

3.2. The Company does not promise that all of the Services shall be available at all times.

3.3. If the Company updates the App, you have to download the update to continue using the App.
4. Confidentiality & Privacy Policy
4.1. Personal information that you provide to the Company via the App and any information about your use of the Services that the Company obtains will be subject to the Privacy Policy.

4.2. All the feedback that the Company will receive from you (e.g. comments, questions, complaints, or notices) may be used by the Company for its own purposes (including commercial) for free without your prior or subsequent consent.

4.3. The Privacy Policy published on the bottom of the App constitutes an integral part of these Terms.
5. Rules of Conduct
5.1. While using the Services, you agree to:

  1. not violate the traffic code apply in your jurisdiction;
  2. not drive when physically or mentally impaired;
  3. be realistic and thoughtful about your personal physical condition;
  4. reasonably adhere to the common rules of safe driving;
  5. make sure that the usage of the App does not distract you while driving;
  6. make sure that you are not experiencing any discomfort while using the App;
  7. not violate or assist any third party in violating these Terms and/or any applicable law, which may include but is not limited to international laws, national laws, statutes, regulations, etc.;
  8. not provide false, inaccurate, incomplete and misleading information to the Company;
  9. not violate intellectual property rights (trademark, copyright, patent, and other intellectual property rights) or any other rights or interests of any party;
  10. not use the Services in any way that can damage, disable or overburden the App, which may include but is not limited to uploading or in any other way, while using the Services, sending viruses, Trojan horses, spyware, adware or any other malicious code; performing DoS, DDoS attacks, interfering with or disrupting any network, equipment, or server connected to or used to provide Services on the App;
  11. not attempt to gain unauthorized access to the App, computer systems or networks connected to the App or to extract data from the App;
  12. not violate any other laws that apply in your jurisdiction concerning the use of our Services; and
  13. not violate these Terms and applicable law in any other way.
6. Content
6.1. The Company may produce and display content on the App, which includes but is not limited to statistics, information, texts, images, video and audio files, maps ("Content").

6.2. The Company shall not hold liability for any actions that arise from its Content.
7. Intellectual Property
7.1. All components and Content (unless stated otherwise) of the App and the App as a whole, content on its social media accounts (e.g. Facebook, Twitter, YouTube, LinkedIn), belong to the Company and are protected by the intellectual property rights legislation. All rights reserved.

7.2. The App, Content, and all other materials available on the App are protected with, including, but not limited to copyright, trademarks, trade secrets.

7.3. You must not reproduce, reprint, publish, modify, distribute, display, transmit, license, transfer, or otherwise exploit content or technology from the App without the Company's express prior written consent.

7.4. Violation of any of the intellectual property rights of the Company is strictly prohibited.
8. Liability
8.1. For non-performance or improper performance of their obligations under these Terms, the Company and you shall be liable in accordance with these Terms and the Applicable Law, unless otherwise provided hereby.

8.2. You shall not violate or attempt to violate the provisions of these Terms. In case of violation or an attempt of violation of the Terms, your access to the Services may be terminated.

8.3. The Company reserves the right to report violations committed by you during the use of the App and the Services to the authorized government bodies.
9. Disclaimers and Limitations of Liability
9.1. The Services, including the App and the Content is provided without any guarantees, conditions, or warranties as to its accuracy, quality, and fit for a particular purpose or need.

9.2. The Company does not guarantee that App and the Services are error-free, reliable, or will operate without interruption. The App and the Services are provided to you on the "AS-IS‟ basis.

9.3. If you are not satisfied with the conditions and/or quality of the App or the Services, you must stop using the App and the Services. Your use of the App and the Services shall mean that you have no claims regarding conditions and/or quality of the App and Services against the Company.

9.4. In no event shall the Company, its officers, directors, employees, agents, and all third-party service providers, be liable to you or any other person or entity for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever, including any that may result from:

(i) the accuracy, completeness of Services, or Content;
(ii) the accuracy, completeness, or content of any sites linked (through hyperlinks, banner advertising or otherwise);
(iii) the quality of the App and the Services;
(iv) personal injury or property damage of any nature whatsoever;
(v) third-party conduct of any nature whatsoever;
(vi) any unauthorized access to or use of Company's servers and/or any and all Content, personal information, or other information and data stored if such unauthorized access did not directly occur due to the Company's actions or inactions;
(vii) any interruption or cessation of the provision of the Services to or from the App;
(viii) any viruses, worms, bugs, trojan horses, or the like, which may be transmitted to or from the App or any third-party websites/apps;
(ix) any loss or damage of any kind incurred as a result of your use of the Services, whether or not the Company advised of the possibility of such damages;
(x) losing access to your Account;
(xi) any errors or malfunctions caused by or otherwise related to third-party payments service providers;
(xii) other risks associated with the use of mobile application and online services.
10. Indemnification
10.1. To the extent permitted by Applicable Law, you agree to defend, indemnify, and hold harmless the Company from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from:

(i) your use of and access to the Services;
(ii) your violation of these Terms; or
(iiii ) your violation of any law, rule, or regulation, or the rights of any third party.
11. Force Majeure
11.1. In case of any circumstances of insuperable force (i.e. events of extraordinary or insuperable nature) that have occurred and remain in effect beyond the Company's and yours ("Party") control and that a Party could neither foresee nor prevent for objective reasons, if these circumstances prevent a Party from proper fulfilment of its obligations hereunder, the term for fulfilment of such obligations hereunder shall be extended for the period of the effect of such circumstances of insuperable force.

11.2. The circumstances of insuperable force shall include wars and other military operations, earthquakes, floods, and other natural disasters, adoption of laws and regulations by state and local authorities, failure of power supply or communication system or other similar circumstances that prevent the Parties from the proper fulfilment of their obligations hereunder.
12. Dispute Resolution
12.1. You and the Company shall endeavour to resolve through negotiations all disagreements that may arise between you and the Company during the validity term hereof.

12.2. For the purposes of resolving disputes between you and the Company e-mail correspondence with the authorized persons of the Company at ________ shall be effective and binding means of communication.

12.3. If you fail to reach an agreement with the Company within 30 (thirty) calendar days from the start of negotiations, the dispute shall be submitted to the competent court under the Applicable Law.
13. Final Provisions
13.1. These Terms shall remain in force until terminated by the Company. The Company may terminate these Terms at any time at its own discretion without explaining the reasons for this decision.

13.2. If any questions have not been regulated by these Terms, they shall be regulated under the Applicable Law.

13.3. These Terms and Conditions, Privacy Policy any other notices and disclaimers on the App constitute the entire agreement between you and the Company regarding your use of the Services.

13.4. Should you have any comments, questions, complaints or notices, please contact the Company at [email] or via the feedback form integrated to the App.
General Rules
14. Registration
14.1. To use any of the Services, youyou have to register on the App using your Google Account/AppleID.
15. Subscription
15.1. The access to Services is provided only upon subscription from the Company or upon the usage of the free trial period.

15.2. The fee schedule for subscriptions and applicable subscriptions periods shall be available in the App. The Company shall have the right to change the fee schedule at any time in its sole discretion.

15.3. By paying for a first subscription, you authorize the Company to charge your credit card or bank account for all fees payable during the subscription period. You further authorize the Company to use a third party to process payments, and consent to the disclosure of your payment information to such third party.

15.4. Your initial subscription period shall be specified by you in the App, and, unless otherwise specified by you, your subscription period will automatically renew.

15.5. To prevent the renewal of your subscription, you must give a written notice of non-renewal or cancel the subscription in the App and/or online store from where you have downloaded the App.

15.6. During the free trial period, you will get free access to the Services for 14 days following the registration date. The payment for the chosen subscription period will be charged automatically after the end of the free trial.

15.7. Free trial period shall only be used, solely to determine whether to purchase a subscription to the Services. You may not use a trial period for any other purpose, including for competitive analysis.

15.8. Any paid subscription fees are not refundable.
16. Accurate use of the App
16.1. For proper usage of the Services, you shall allow the App to access the camera, motion and orientation sensors, and geolocation on your smartphone and enable the App to backlight your screen. The App would conduct a scanning of your face and start to track your main face points and the eyes aspects ratio (EAR). Being active, the App constantly conducts a tracking of your face while you are driving.

16.2. To ensure the full functionality of the App and to allow the App to constantly conduct tracking of your face, you shall fix your phone motionlessly so that the front camera can capture your face and the area around.
17. Drowsiness/Driver Loss and other Alerts
17.1. Drowsiness Alert. When the signs of drowsiness are indicated by the App, it automatically shall initiate the reproduction of special sounds (voice alert and siren), and visual signals (screen flashing).

17.2. On some occasions, certain people may experience epileptic seizures when exposed to certain light patterns or flashing lights. Alert sounds and flashing lights reproduced by the App may induce an epileptic seizure in these individuals. If you are aware that you or any of your close relatives has an epileptic condition or has had seizures of any kind, do not use the App.

17.3. Driver Loss Alert. When your face disappears from the camera, the App shall automatically initiate the reproduction of special visual signals (screen flashing).

17.4. You may change (turn off or on) or customize some of the special sounds and visual signals reproduced during the Drowsiness/Driver Loss Alerts by its sole discretion.

17.5. Disabling or customization of some sounds and visual signals reproduced during the Drowsiness/Driver Loss Alerts may reduce the efficiency of the App and can be made only at your own risk. In no event shall the Company be liable for the reduced efficiency of the App caused by your actions in the mentioned regard.
18. Rest/Pit-Stop Notification
18.1. Based on the time of your active driving, the App would provide you with a notification, proposed to have a 15 minutes break after 2 hours of continuous driving. After 8 hours of continuous driving, the App would notify you about the associated risks of long driving and potential danger.
19. Statistics
19.1. The App shall use information about occurred Drowsiness/Driver Loss Alerts as well as information about the other cases of driving destruction (e.g. not looking on the road, smoking or eating) and the collected data about your active driving, and geolocation data to provide you with the statistics of safe driving. The statistics shall be available in the App. The Company does not share statistics of your driving with any third parties.
20. Face scanning
20.1. On our Website, you may conduct a test scanning of your face which will be used by the Company to train our artificial intelligence network and increase the efficiency and accuracy of the App.
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