Terms of Service

These terms of service govern the business relationship between you (an "individual" or single legal entity) and EYEVIONICS SARL-S ("EYEVIONICS"). These terms apply to the EYEVIONICS mobile application ("App") on any device and operating system, as well as any website and subdomains thereof ("Website" or "Websites", such as eyevionics.com, eyevionics.eu), application programming interfaces ("APIs"), database and any other service offered by EYEVIONICS (collectively referred to as "Service"). By installing the app or using the service, you acknowledge that you have read and understood these terms and that you agree to be bound by these terms, including all warranty disclaimers, indemnity and limitiaion of liability terms. In case you do not understand or you do not agree to any of these terms, do not use the Service, do not install the App, do not use the APIs and do not access or use the Websites. If any of these terms are considered an offer by EYEVIONICS, acceptance is limited to these terms.

By agreeing to these terms, you also acknowledge that you have read and understood EYEVIONICS' Privacy Policy.

Scope and Nature of this Terms of Service Agreement:
1. These terms of service, as well as the App, the APIs, the Websites, the Service in general as well as supporting documentation and any potential customer support interactions are made available in English language only. Any other language may be added to and removed from the offered languages by EYEVIONICS at will and without effect on the validity of these terms or the validity of any contract between you and EYEVIONICS.
2. These terms of service can be amended or changed by EYEVIONICS at any time without prior notice and without effect on the validity of the terms or any contract between you and EYEVIONICS. In case you do not understand or you do not agree to these terms at a future time, do not use the Service, do not install the App, do not use the APIs and do not access or use the Websites.
3. The App, all APIs and the Service is provided "as is". No warranties of any kind are given. EYEVIONICS liability to you is limited.
4. You may only use the App, APIs and the Service as agreed upon in these terms and the respective End User License Agreement of any EYEVIONICS product. Refer to "2. Permitted and Prohibited Usage; Restrictions".
5. These terms are effective until termination by EYEVIONICS.
6. Your rights arising from these terms terminate automatically should you fail to comply with any of its terms.
7. EYEVIONICS may restrict or fully terminate access to the App, the APIs, the Websites and the Service in general at EYEVIONICS' sole discretion. Furthermore, EYEVIONICS may bring legal action against any party for any damage caused by a violation or infringement of these terms. You may be subject to prosecution, damage claims and liabilities for violation or infringement of any of these terms.
8. Any third party fees arising from usage of the App, the APIs, the Websites and the Service in general to which you may be subjected to, including but not limited to mobile network operator charges for network data usage, are your sole responsibility.
9. Should any of these terms fail to apply in any context, the validity of other terms in this agreement is not affected.
Permitted and Prohibited Usage; Restrictions:
1. The App, any APIs and the Service in general is intended solely for recreational use in direct correlation with flight simulation computer games.
2. You acknowledge that the App, the Websites, any APIs and the Service in general are not intended for and are strictly prohibited for flight navigation, flight planning, flight training or any other kind of flight operations (including, but not limited to, commercial, recreational, rescue, military or government flight operations) as well as in correlation with air traffic control systems, flight communication systems, transport systems and machinery, vehicular navigation, maritime navigation and any other kind of system or in any other context in which usage could lead to personal injury or death or severe physical or environmental damage and you warrant that you will not use or allow a third party to use the App, the Websites, any APIs and the Service for such purposes at any time.
3. You acknowledge that you assume full responsibility for ensuring the usage of the App, the APIs and the Service in general, is compliant with all terms in this agreement, by yourself and by any third party.
4. You may not modify, alter or reproduce the App, the APIs and the Service in general or parts thereof. You may not decompile, unbundle, modify or reverse engineer the App, the APIs and the Service in general, nor may you attempt any action with the intention of revealing or reconstructing any original source code. You may not redistribute, rent, lease or sell any parts or the whole of the App, the APIs or the Service. You may not translate, redistribute or rebrand the App, the Websites, the APIs or the Service in general. You may not attempt to use the App, the Websites, the APIs, the Service in general or any portion thereof for any illicit activities, including but not limited to computer hacking, computer fraud, spying or militant activities, regardless of such activities being government sponsored or not. Sublicensing and the transfer of licenses and accounts of any parts of the Service to other accounts, another person or another legal entity is not permitted.
5. The App, the APIs, the Websites and the Service in general may include software, source code and other intellectual property from third parties; licenses hereof are listed in the release notes of the individual publication.
6. You may not attempt to circumvent any security measure of the App, the APIs and the Service in general, nor may you attempt to circumvent usage limitations imposed upon you as governed by these terms or any other agreement between you and EYEVIONICS.
7. You may not share your account or access thereto, such as but not limited to your password or passcodes, with any other person or entity, nor may you publicly disclose any method to access your account.
8. You acknowledge that an internet connection is required in order to use all functionality of any EYEVIONICS product, including but not limited to the App, the APIs, the Service and Websites and that functionality of these products may be impaired partially or fully without an internet connection.
9. The App, the APIs, the Websites and other parts of the Service may link to third party content, such as other websites. It is not possible to control or to review all linked third party content. All content on such third party platforms is the responsibility of said third parties and not EYEVIONICS. You are solely responsible for protecting yourself and your devices and systems from any harmful content, including but not limited to any illicit content, programs or computer fraud attempts and you acknowledge and agree that you cannot hold EYEVIONICS responsible for any damage sustained from such linked content.
10. The App must only be used in the same local area network ("LAN") as a computer that is running a supported flight simulation computer game. The number of instances of the App that can be used concurrently by your account may be limited by your plan, membership or subscription. The quality and speed of your local area network, the connection of your computer to the your local area network and your internet connection have significant impact the performance and functionality of EYEIVONICS app. You acknowledge that the quality and connection speed of your local area network as well as your internet connection are entirely your responsibilities.
11. Your mobile device may have significant impact on performance, usability and functionality of the EYEVIONICS app. It is your responsibility to verify that the device complies with published minimum system requirements.
12. Functionality of the App depends on third party software, specifically flight simulation programs not developed by EYEVIONICS. You acknowledge that EYEVIONICS cannot guarantee that said third party software will be fully supported now or at any time in the future and you acknowledge that EYEVIONICS cannot be held liable for changes to the third party software which may lead to a reduction of functionality of the App. Furthermore, you acknowledge that some features of the App may not be functional with your specific installation or setup of third party software. While EYEVIONICS attempts to limit potential defects, you agree that any defects caused by changes to third party software are explicitly not cause for arbitration or litigation against EYEVIONICS or refunds by EYEVIONICS.
13. Functionality of the App, the APIs and the Service in general may require you to create a user account at EYEVIONICS. You have the right to delete your account at any time, however, requesting a deletion will result in immediate and permanent loss of access to products, subscriptions or services you may have paid to get access to. An account deletion does not qualify you for reimbursement of any kind. Any account deletion is permanent, meaning that for an account for which deletion was requested, any and all associated data, including products, subscriptions and services is not recoverable. You are responsible for cancellation of subscriptions with third parties, such as but not limited to Apple App Store or Google Play Store. You may need to cancel these subscriptions yourself in addition to deleting your EYEVIONICS account. If subscriptions with third parties were not canceled, an EYEVIONICS account may be automatically created again since you have paid for such a service through subscriptions with potential automatic renewal. EYEVIONICS cannot be held liable for any consequences, financial or otherwise, of automatically renewable subscriptions you created through third parties. In case of doubt, please reach out to EYEVIONICS support.
Copyright Policies:
1. If you have reason to believe that an EYEVIONICS product or website contains or links to content that infringes or violates copyright, please inform EYEVIONICS about this content. While you may not receive a response, EYEVIONICS will investigate all such reports and diligently remove infringing material or links.
2. At no time will copyright or intellectual property be transferred from EYEVIONICS to you, even if your usage of such content has been granted using an appropriate license or contract. This includes all intellectual property such as, but not limited to, trademarks, brand names, image marks, text content, navigation data or any other digital data that was generated, created or is hosted by EYEVIONICS. This means that you may not reproduce any of the aforementioned material.
Liability:
1. Use of the App, all APIs and the Service in general is only permissible in environments and use cases described under "2. Permitted and Prohibited Usage; Restrictions".
2. To the extent permissible by law, EYEVIONICS cannot be held responsible for any incidental, punitive or consequential damages arising out of the use of the App, the APIs, the Websites, the Service in general and these terms or any other agreement between you and EYEVIONICS. EYEVIONICS cannot be held accountable for any financial, personal or environmental damages arising from your usage of the App, the APIs, the Websites and the Service. You agree that you will indemnify, defend and hold harmless EYEVIONCIS and all of its officers, directors, employees, shareholders, subcontractors, consultants, partners, affiliates, subsidiaries, suppliers, data suppliers and agents from and against any and all liabilities, claims, damages, charges, costs, obligations and expenses of any kind from you or third parties alike, including, without limitation, attorneys' fees and legal expenses, arising from or related to any (i) violation of any of these terms or any other agreement between you and EYEVIONICS as well as any applicable law or regulation and (ii) usage or alleged usage of the App, the Websites, the APIs or any usage of the Service in general.
3. For any claim for which EYEVIONICS is entitled to indemnification under these terms or any other agreement between you and EYEVIONICS, attorneys selected by EYEVIONICS may be used for defense or settlement.
4. In no event shall the total liability of EYEVIONICS to you for all damages exceed the amount of € 50.00 (Fifty Euros).
5. All foregoing terms and liability limitations apply even if any other of these terms or any other agreement between you and EYEVIONICS fails to apply.
Data Policies:
1. You acknowledge that none of the data offered in the App, the APIs, the Websites and the Service in general is fit for use in real-world conditions. The data offered is exclusively for use in recreational flight simulation computer games, as outlined in these terms under "2. Permitted and Prohibited Usage; Restrictions".
Governing Laws and Dispute Resolution:
1. You agree to waive the right to a trial, a trial by jury and to the participation in class action lawsuits in jurisdictions where such a waiver is permitted by law. This waiver applies to EYEVIONCIS as a legal entity as well as all of its predecessors, successors, beneficiaries, officers, directors, employees, shareholders, subcontractors, consultants, partners, affiliates, subsidiaries, suppliers, data suppliers and agents. You and EYEVIONICS hereby agree that disputes will be resolved by arbitration and expressly not litigation.
2. To the extent permitted by law, the laws governing disputes, arbitration and litigation are the laws of the jurisdiction in which EYEVIONICS offices are located.
3. To the extent permitted by law, these terms and all business transactions are governed by and shall be interpreted in accordance with the laws of the jurisdiction or location of the offices of the EYEVIONICS entity. This agreement is not governed by the United Nations Convention on Contracts for the International Sales of Goods, the application of which is expressly excluded.
Terms of Payment; Refunds:
1. Electronic goods and services sold by EYEVIONICS are considered final sales and are not subject to refunds upon cancellation, except in cases where a cancellation was initiated by EYEVIONICS due to changes to product offers or pricing in which a refund may apply. EYEVIONICS is committed to delivering reliable products, therefore we explicitly ask you for feedback and criticism. Should you encounter a problem, pleasex reach out EYEVIONICS so your case may be assessed for support options. In cases where an issue cannot be resolved, EYEVIONICS may – at its own discretion and on a case by case basis - decide to issue a replacement or exchange with credit for other EYEVIONICS products or services.
2. EYEVIONICS reserves the right to set, change, adjust or update prices at will at any time and without prior notice. EYEVIONICS also reserves the right to cancel any subscription or contract with you during the period of the contract due to changes in pricing. In such a case, you are eligible for a refund of funds you may have previously paid EYEVIONICS for said contract or subscription, however explicitly only in the amount of the outstanding deliveries of the contract or subscription in monthly increments. (For example: If EYEVIONICS cancels a hypothetical 12 month subscription after 10 months, you may be eligible for a 2 month refund). To the extent permissible by law, cancellation of a subscription or contract by you does not imply that you are eligible for a refund of the remaining funds on which no delivery has been made.
3. Depending on your country, prices for all EYEVIONICS products and offers may or may not include applicable taxes until you order. The price of all EYEVIONICS offers cannot be confirmed until you order.
4. Payment can be made through various payment providers, which depend on the platform you make a payment, such as but not limited to Apple and Google.
5. EYEVIONICS may offer products with a one-time purchase option as well as subscriptions, including such subscriptions that renew automatically after a set period or time. Depending on the payment provider you chose during a purchase, your options for the cancellation, refunds and changes to the automatic renewal may differ. While EYEVIONICS is glad to help you directly, you acknowledge that you shall use your payment provider's services for refunds, cancellation and changes to the automatic renewal of your contracts or subscriptions with EYEVIONICS.
6. You are solely responsible for taking the necessary precautions to ensure you make payments only on trustworthy, non-fraudulent websites, mobile apps and shops. This means, for example, that you are responsible for ensuring you do not click on fraudulent links, such as those used in so-called phishing emails. You agree that you may not hold responsible EYEVIONICS or its officers, directors, employees, shareholders, subcontractors, consultants, partners, affiliates, subsidiaries, suppliers, data suppliers and agents should you make a payment to any fraudulent actor and waive the right to compensation of any financial damages in such a case.
Support & Services:
1. EYEVIONICS may offer customer support in writing via websites, email or another communication method. Which communication method is made available is entirely at the discretion of EYEVIONICS and can be changed at will, at any time and without any prior notice. Customer support is an optional service offered by EYEVIONICS, the availability, quality and response time of which may vary at the discretion of EYEVIONICS.
2. EYEVIONICS may offer documentation for any product and service – including but not limited to the App, the APIs, the Website, the Service in general as well as payment and customer support – in the format of text, graphics, video or audio an on any platform or website. This means documentation may be available only as a video on a third party video hosting site, for example.