Terms of Service for Eyed™ Softwares and its Subsidiaries

By accessing or using any of our software applications, websites (including eyed.to and its subdomains), APIs, or related services (collectively, the "Services"), you (the "User" or "you") agree to be bound by these Terms of Service ("Terms"). If you do not accept these Terms, you may not access or use the Services. These Terms constitute a legally binding agreement between you and Aploide Softwares, acting on behalf of its division, Eyed™ Softwares ("Eyed™", "we", "us", or "our").

1. Definitions

  1. "API" means any application programming interface provided by Eyed™ Softwares.
  2. "Content" means any data, text, software, images, audio, video, or other materials transmitted, stored, or processed through the Services.
  3. "Services" means all software applications, websites (including eyed.to and its subdomains), and related services offered by Eyed™ Softwares.
  4. "User Content" means any Content that you upload, submit, publish, or otherwise make available through the Services.

2. Acceptance of the Terms

These Terms govern your use of all Services provided by Eyed™ Softwares. By accessing or using the Services, you represent that you have read, understood, and agreed to be bound by these Terms and all applicable laws and regulations.

Eyed™ Softwares does not retain any user data.

3. Eyed™ Logo Trademark

The Eyed™ logo is a registered trademark of Carlo Esposito. Registration Number: 302024000146292, registered on the UIBM platform. Any unauthorized use, reproduction, or distribution of the logo without the express written consent of Carlo Esposito or Eyed™ Softwares is strictly prohibited and will be pursued to the fullest extent permitted by law.

4. Eyed Pro Subscription

The Eyed Pro subscription offers advanced features for our users.
By subscribing, you accept these Terms. Subscription fees may be recurring and will be charged according to the selected subscription plan. You may manage or cancel your subscription through your account settings.

A percentage of the subscription fees will be allocated to environmental initiatives, including, by way of example, efforts for tree planting through partnerships with organizations such as the Arbor Day Foundation.
We reserve the right to modify the features and pricing of the Eyed Pro subscription at any time.

5. Disclaimer of Liability and Privacy Focus for Eyed Out

Eyed Out is provided "as is" and "as available" without any express or implied warranty, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Users are solely responsible for understanding and complying with all applicable local, state, national, and international privacy, internet usage, and other relevant laws and regulations.

Eyed Out is designed with privacy in mind, aiming to minimize data collection and safeguard user information. We do not collect or retain any personal data of Eyed Out users. However, please be advised that, by using any software that accesses the internet, some data may still be collected and shared by third parties (e.g., websites you visit) in accordance with their privacy policies. We are not responsible for the data collection or privacy practices of third parties.

6. Disclaimer of Liability and Policies for the Eyed.to URL Shortening Service

Eyed.to is a URL shortening service provided by Eyed™ Softwares.
We do not endorse, control, or assume any responsibility for the content of websites accessible via shortened links created using Eyed.to.
We are not liable for any illegal, offensive, or harmful activities conducted through shortened links.

Users are solely responsible for ensuring that the content to which they link using Eyed.to complies with all applicable laws and regulations.

We reserve the right to remove any shortened link that violates these Terms or that, at our sole discretion, is deemed inappropriate or harmful. Upon receiving a report of abuse or a request for removal of a shortened link (eyed.to), we will review the reported URL and, if deemed necessary, remove the link from our service. To report abuse or request the removal of a shortened link, please contact us at [email protected].
We will review all reports and take appropriate measures, which may include the removal of the URL.

7. Acceptable Use Policy

You agree to use the Services solely for lawful purposes and in a manner that does not infringe upon the rights of others or restrict or inhibit any other party’s use and enjoyment of the Services. You agree not to:

  1. Use the Services to promote or engage in any unlawful activity.
  2. Attempt to gain unauthorized access to any part of the Services, computer systems, or networks connected to the Services through hacking, password extraction, or other means.
  3. Interfere with or disrupt the Services, servers, or networks connected to the Services, or fail to comply with any requirements, procedures, policies, or regulations of networks connected to the Services.
  4. Modify, adapt, translate, reverse engineer, decompile, or disassemble any part of the Services.
  5. Use robots, spiders, scrapers, or other automated means to access the Services for any purpose without our express written permission.
  6. Circumvent or attempt to circumvent any security or access control measures implemented by Eyed™ Softwares.
  7. Use the Services in any manner that could damage, disable, overload, or compromise our servers or networks.
  8. Use the Services for commercial purposes without our explicit written consent (unless otherwise expressly permitted in a separate agreement).
  9. Use the Services to develop a product or service that competes with the Services.

8. Use of APIs (if applicable)

If you use our API, you agree to the following:

  1. Adhere to all rate limits and other usage restrictions that we may impose.
  2. Not use the API in a manner that could damage our systems or disrupt the Services.
  3. We reserve the right to modify or discontinue the API at any time, with or without notice.
  4. Use of our APIs is also subject to the Acceptable Use Policy outlined in Section 7.

9. Intellectual Property

  1. All content included as part of the Services, such as texts, graphics, logos, images, their arrangement, and any software used in the Services, is the property of Aploide Softwares and Carlo Esposito or their licensors and is protected by copyright and other intellectual property laws.
  2. You agree to observe and respect all copyright and other proprietary notices contained in such content and not to modify such content.
  3. You shall not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works from, or otherwise exploit any content, in whole or in part, contained in the Services.
  4. Use of the Services does not authorize you to make unauthorized use of any protected content; in particular, you shall not remove or modify any proprietary rights or attribution notices contained in any content.
  5. You shall use protected content solely for personal use and not for any other purpose without the express written consent of Aploide Softwares and the copyright owner.
  6. You acknowledge that you do not acquire any proprietary rights in any protected content.

10. Termination

Access to the Services may be suspended or terminated by either the User or Eyed™ Softwares in the event of a material breach.
Should Eyed™ Softwares deem it necessary to suspend or terminate access to the Services, the User will be given 24 hours' notice and, where possible, an opportunity to remedy the breach.
The User may terminate their use of the Services at any time, subject to the fulfillment of any outstanding obligations.
The provisions of these Terms that, by their nature, are intended to survive termination shall remain in full force and effect.

11. Disclaimer of Warranties and Service Continuity Guarantee

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW.
SAVE FOR THE MANDATORY WARRANTIES PRESCRIBED BY LAW, SUCH AS THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND THE WARRANTY AGAINST DEFECTS, ALL WARRANTIES ARE EXCLUDED OR LIMITED.
WE CANNOT GUARANTEE THE ABSENCE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS, AS, DESPITE THE IMPLEMENTATION OF REASONABLE SECURITY MEASURES, ANY ANOMALIES OR MALFUNCTIONS MAY OCCUR.
IN THE EVENT THAT A SERVICE EXPERIENCES TEMPORARY FAILURES FOR A CONSECUTIVE PERIOD EXCEEDING 5 DAYS, A PAYING USER MAY BE ELIGIBLE FOR A PROPORTIONAL REFUND CORRESPONDING TO THE PERIOD OF SERVICE INTERRUPTION, UPON SUBMISSION OF A WRITTEN REQUEST IN ACCORDANCE WITH OUR INTERNAL PROCEDURES.
BY USING THE SERVICES, THE USER EXPRESSLY AGREES TO DO SO AT THEIR OWN RISK.

12. Limitation of Liability

To the maximum extent permitted by applicable law, under no circumstances shall Aploide Softwares or Eyed™ Softwares be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether direct or indirect, or for any loss of data, use, goodwill, or other intangible losses arising from:

(A) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES;
(B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT BY OTHER USERS OR THIRD PARTIES; OR
(C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

In no event shall the aggregate liability of Aploide Softwares and Eyed™ Softwares exceed the amount, if any, that you have paid in the last six months for the Services giving rise to the claim.

13. Indemnification

You agree to indemnify, defend, and hold harmless Aploide Softwares, Eyed™ Softwares, its officers, directors, employees, agents, licensees, and suppliers from and against any claim, liability, damage, judgment, award, loss, cost, expense, or fee (including reasonable legal fees) arising out of your breach of these Terms or your use of the Services, including, without limitation, your User Content, any use of the content, services, and products of the Services not expressly permitted by these Terms, or your use of any information obtained from the Services.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Italy, without regard to its conflict of law provisions.
You agree that any legal action or proceeding between you and Aploide Softwares arising out of or relating to these Terms or the Services shall be instituted exclusively in a competent court in Italy.

15. Updates to the Terms

Aploide & Eyed™ Softwares reserve the right to update or modify these Terms at any time without notice. Any changes shall take effect immediately upon publication of the updated version on our website. It is your responsibility to periodically review these Terms for any changes. Your continued use of the Services after any modifications constitutes acceptance of the updated Terms.

16. Contact Us

If you have any questions regarding these Terms or require further information, please contact us at [email protected].

Disclaimer: This translation is provided for informational purposes only. Translation errors may occur, particularly with respect to legal terminology, and this document should not be relied upon as a substitute for Termini di Servizio.

Last Updated: March 3, 2025