Essay Eye - Terms of Use
Effective Date: 10/21/2024
Welcome to essayeye.com, the website and online and/or mobile services of Essay Eye LLC (“we,” “us,” or “Essay Eye”). This page explains the terms by which you may use our online and/or mobile services, website, and software provided on or in connection with the service (collectively, the “Services”). These Terms and Conditions apply to all individuals who visit, use, or otherwise access the Services (referred to as “Users” or “you”). When the Services are utilized by educational professionals, such as teachers, school districts, school boards, or individual schools within a district (collectively referred to as “Educational Institutions”), the term “you” also encompasses teachers and administrators who access the Services on behalf of their institutions (“Teachers”), students who use the Services under the guidance of their Educational Institutions (“Students”), and the parents or legal guardians of those Students (“Parents”). These Terms of Use, along with any additional terms referenced herein or incorporated by reference, as well as any other contractual agreements (including but not limited to those with Educational Institution users), are collectively referred to as the “Agreement.” This Agreement constitutes a legally binding contract between you and Essay Eye concerning your use of the Services. By accessing or using the Services, selecting the [“I Agree”] checkbox, or otherwise affirmatively indicating your intention to use the Services, you acknowledge that you have read, understood, and agree to comply with this Agreement, including the collection and use of your information as described in the Essay Eye Privacy Notice. If you do not agree to these terms, you are not permitted to use the Services. Please note that as our Services evolve, this Agreement and our Privacy Notice will be updated to reflect any changes. We will revise the “Effective Date” at the top of this page to indicate when updates have been made. Your continued use of the Services after any modifications indicates your acceptance of the revised terms.
***Please read these terms carefully to ensure that you understand each provision.***
Table of Contents
SECTION 1. ABOUT SERVICES
- 1.1 QUALIFICATIONS
- 1.2 ESSAY EYE SERVICES
- 1.3 CONTROL OVER USE OF SERVICES
- 1.4 PROHIBITED CONDUCT AND SERVICE CHARGES
- 1.5 USER CONTENT AND INTERACTION
- 1.6 AI PROCESSING AND RESULTANT OUTPUT
- 1.7 FEES FOR SERVICES
SECTION 2. ABOUT SERVICES
SECTION 3. ABOUT SERVICES
- 3.1 ESSAY EYE DATA
- 3.2 PRIVACY AND SECURITY
- 3.3 ACCESS TO EXTERNAL SITES AND SERVICES
- 3.4 INDEMNITY AND LIABILITY DISCLAIMER
- 3.5 LIMITATION OF LIABILITY
- 3.6 LEGAL JURISDICTION
- 3.7 ARBITRATION CLAUSE
- 3.8 CLASS ACTION / JURY TRIAL WAIVER
- 3.9 SEVERABILITY AND WAIVER
- 3.10 HOW TO CONTACT US
- 3.11 UPDATES
SECTION 1. ABOUT SERVICES
Essay Eye’s Services provide a web browser/doc extension built for Students, Teachers, and Educational Institutions to assist with grading and evaluating essays, providing feedback, and other educational tasks. You hereby represent and warrant that you shall install, or cause to be installed, the browser/doc extension only on devices you own or control, and that you have provided appropriate disclosures to, and received any necessary consents from, your Users or any other end users regarding the installation of the browser extension on any device used to access the Services. For clarity and without limitation, you are solely responsible for the selection of devices and/or user accounts to which the browser/doc extension will be associated, and for the installation of the browser extension on such devices or accounts for the purpose of participating in the Services. This is a contract between you and Essay Eye. You must read and agree to this Agreement before using the Services. If you do not agree, do not use the Services. You may use the Services only if you can form a binding contract with Essay Eye, and only in compliance with this Agreement and all applicable laws. The Services are not available to any Users previously removed from the Service by Essay Eye.
1.1 Qualifications
By agreeing to these Terms of Use, you represent and warrant to us that: Age Requirement: You must be at least 18 years old to create an account or use our Services independently. If you are under 18 years of age, you may only use our Services under the supervision of a parent, legal guardian, or authorized Educational Institution. Educational Institution Access: If you are using the Services on behalf of an Educational Institution, you must be an authorized representative, such as a teacher, administrator, or other staff member, with the necessary permissions to enter into this Agreement on behalf of the Educational Institution. Compliance with Laws: You must ensure that your use of the Services is in compliance with all applicable local, state, national, and international laws, rules, and regulations. You may not use the Services if you are located in a country embargoed by the United States or if you are on the U.S. Treasury Department’s list of Specially Designated Nationals. Accurate Information: You agree to provide true, accurate, and complete information when registering for and using our Services. If any of the information provided by you is found to be inaccurate or incomplete, we reserve the right to suspend or terminate your account and restrict your access to the Services. Restrictions on Use: You may not use the Services if you have been previously banned or removed from using any of Essay Eye LLC’s Services for any reason. By accessing or using our Services, you represent and warrant that you meet all the eligibility requirements set forth in this Agreement. If you do not meet these requirements, you are not authorized to use the Services. Subject to the terms and conditions of this Agreement, Essay Eye grants you permission to access and use the Services. We reserve all rights not expressly granted to you in the Services and the Essay Eye Content (as defined below). We may terminate this license at any time for any or no reason.
1.2 ESSAY EYE SERVICES
(Your “User Account”) Your account on Essay Eye provides access to the Services and functionalities that we may establish and maintain from time to time, at our sole discretion. Different types of User Accounts may be available, depending on the type of user (e.g., educators, students, or Educational Institutions). You have the option to cancel your User Account at any time. If you open a User Account on behalf of an Educational Institution, company, organization, or other entity, you represent and warrant that you are an authorized representative of that entity with the authority to bind it to this Agreement. In such cases, “you” includes both you and the entity, and you agree to this Agreement on the entity’s behalf. By connecting to the Services using a third-party service, such as Google OAuth, you grant Essay Eye permission to access and use your information from that service as permitted, and to store your login credentials securely. Specifically, if you use Google OAuth to log into your User Account or integrate with Google Classroom, you agree to comply with the Google APIs Terms of Service and any other applicable terms and conditions provided by Google. You are solely responsible for maintaining the security of your User Account. Unauthorized use of another User’s account is never permissable, and when creating your User Account, you must provide accurate and complete information, ensuring that it remains up to date. We strongly encourage the use of “strong” passwords, incorporating a combination of upper and lower case letters, numbers, and symbols. If you become aware of any breach of security or unauthorized use of your User Account, you must notify Essay Eye immediately. Essay Eye is not liable for any losses resulting from unauthorized use of your User Account.
1.3 CONTROL OVER USE OF SERVICES
You have control over how you interact with the Services provided by Essay Eye LLC through your User Account settings. You can manage your profile and adjust your preferences by accessing the settings page within your account. By providing Essay Eye with your email address, you consent to receive Services-related notifications via email, including any notices required by law. These emails will serve as an alternative to communication by postal mail. Additionally, we may use your email address to send you other messages, such as updates to the Services, changes to features, or special offers. If you prefer not to receive these additional messages, you can opt out at any time by clicking the “unsubscribe” link included in the communications. Please note that opting out of promotional or update emails may limit your ability to receive important information regarding updates, improvements, or special offers related to the Services. By continuing to use the Services, you agree to these communication preferences and understand that you can adjust your interaction with the Services at any time through your account settings.
1.4 Prohibited Conduct and Service Changes
Copying and Distribution: Copy, distribute, or disclose any part of the Services in any medium, whether automated or non-automated, including but not limited to any form of “scraping.” Automated Access: Use any automated systems, including but not limited to “robots,” “spiders,” “offline readers,” etc., to access the Services in a manner that sends more request messages to the Essay Eye servers than a human can reasonably produce in the same period using a conventional online web browser. Unsolicited Communications: Transmit any form of spam, chain letters, or other unsolicited email communications through the Services. System Integrity and Security: Attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Services. Overloading Infrastructure: Take any action that imposes, or may impose, an unreasonable or disproportionately large load on our infrastructure. Malware Transmission: Transmit any malicious software agents, including viruses, worms, or any other harmful code, through the Services. Unauthorized Data Collection: Collect or harvest any personally identifiable information of third parties from the Services without their explicit consent. Commercial Use: Use the Services for any commercial solicitation purposes without prior authorization. Impersonation and Misrepresentation: Impersonate another person or otherwise misrepresent your affiliation with a person or entity, including conducting fraud, hiding, or attempting to hide your identity. Service Disruption: Interfere with the proper functioning of the Services, including taking any actions that compromise the system’s integrity. Unauthorized Access: Access any content or data on the Services through unauthorized means or technologies not provided or approved by Essay Eye LLC. Circumventing Restrictions: Bypass, circumvent, or attempt to bypass or circumvent any measures we use to prevent or restrict access to the Services, including features that prevent or restrict use or copying of any content or enforce limitations on the use of the Services or related content. We continually update our Services to offer the best possible product. While we plan to continue to offer and improve our Services, we may, without prior notice, change, cancel, create usage limits for, or permanently or temporarily stop offering or allowing you access to the Services generally (“Service Changes”). While we will try to give you advance notice of Service Changes that will adversely affect you, this might not always be practical or possible, and we retain the right to make Service Changes without notice and without liability for any reason. You are fully responsible for your interactions with other Users of the Services. Essay Eye LLC disclaims any liability for your interactions with any other Users, or for any User’s actions or inactions with respect to you. If this Agreement ends, you continue to be bound by its terms in any subsequent interactions with the Services.
1.5 User Content and Interaction
The Services provided by Essay Eye LLC may include interactive features, such as personal messaging and product review functions, that allow Users to post, submit, publish, display, or transmit (collectively, “Share”) content, including but not limited to documents, text, messages, and other materials (“User Contributions”) on or through the Services. By Sharing User Contributions through our Services, you agree to the following terms: Ownership and License: You retain ownership of any intellectual property rights in your User Contributions. However, by Sharing User Contributions, you grant Essay Eye LLC a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, sublicensable (through multiple tiers), and fully paid right and license to use, copy, store, modify, distribute, display, and perform your User Contributions for purposes including maintaining and providing our Services, improving our products and services, conducting data analysis, and developing new products or features. You also grant each User of the Services a non-exclusive license to access, use, reproduce, distribute, display, and perform your User Contributions through our Services, in accordance with your settings and this Agreement. Responsibility for Content: You are solely responsible for the User Contributions you Share and any consequences arising from their submission. You represent and warrant that you own or control all rights in and to the User Contributions, have the right to grant the licenses granted above, and that your User Contributions do and will comply with this Agreement. You understand and acknowledge that you are responsible for the legality, reliability, accuracy, and appropriateness of your User Contributions. Essay Eye LLC is not responsible or liable to any third party for the content or accuracy of any User Contributions Shared by you or any other User. Prohibited Content: You agree not to Share any User Contributions that: Are illegal, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or otherwise objectionable. Contain any viruses, malware, or other harmful code. Include unauthorized advertising, solicitations, or promotional materials, such as “junk mail,” “spam,” “chain letters,” or other forms of solicitation. Misrepresent your identity or affiliation with any person or entity. Monitoring and Removal: Essay Eye LLC reserves the right, but is not obligated, to monitor, review, or remove any User Contributions at its sole discretion and without notice, particularly if such contributions violate this Agreement or are otherwise deemed inappropriate or objectionable. We have the right to remove or refuse to post any User Contributions for any or no reason in our sole discretion, and to take any action we deem necessary or appropriate, including disclosing your identity to any third party who claims that material posted by you violates their rights. Legal Compliance: We reserve the right to take appropriate legal action, including but not limited to, cooperating fully with any law enforcement authorities or court orders requesting or directing us to disclose the identity or other information of anyone posting materials on or through the Services. You waive and hold Essay Eye LLC and its affiliates, licensees, and service providers harmless from any claims resulting from any action we or our affiliates, licensees, and service providers take during or as a consequence of investigations related to such cooperation.
No Endorsement: Essay Eye LLC does not endorse any User Contributions or any opinions, recommendations, or advice expressed therein. We expressly disclaim any and all liability in connection with User Contributions. Feedback and Suggestions: If you provide us with any feedback, suggestions, or ideas regarding the Services (“Feedback”), you acknowledge that such Feedback is not confidential and that we may use it without restriction, for any purpose, without compensation to you. Limitation of Liability While Essay Eye LLC strives to maintain the integrity of the Services, we cannot review all User Contributions before they are Shared and cannot ensure prompt removal of objectionable material after it has been posted. We assume no liability for any action or inaction regarding transmissions, communications, or content provided by any User or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described above.
1.6 AI Processing and Resultant Output
As part of the Services provided by Essay Eye, you may submit content, such as essays, lesson plans, and other educational materials, to be processed by our generative AI features (hereinafter referred to as “User Input”). The processing of User Input through our Services may generate various outputs, including essay feedback, grading, quizzes, exemplars, and additional educational resources (collectively referred to as “Output”). Your use of the Services and the resulting Output is subject to the following terms and conditions: Use of Output: Subject to your adherence to this Agreement, you are granted a royalty-free right to use the Output generated by the Services for any lawful purpose. However, you acknowledge and agree that: (i) Essay Eye is not responsible for the legality, accuracy, reliability, or appropriateness of the User Input you provide. (ii) Essay Eye disclaims any liability or responsibility to third parties concerning the content or accuracy of User Input or the Output produced by the Services. (iii) Your submission of User Input or use of the Services and Output does not transfer any ownership of the intellectual property rights associated with the Services to you. (iv) Essay Eye reserves the right to restrict or terminate your use of the Output, or require you to discontinue using and delete any Output, if we determine, at our sole discretion, that your use of the Output may infringe upon the rights of any third party. Limitations on Use: You must not claim that the Output was generated by a human, nor should you use the Output to develop or train your own machine learning models. Due to the inherent nature of machine learning, the Output generated by the Services may not be unique to your User Input and could be similar or identical to Output generated for other users. Accuracy and Reliability of Output: The Services may produce Output that is not accurate or may not fully represent reality. It is your responsibility to evaluate the suitability and accuracy of the Output for your specific use, which may include reviewing the Output manually. You acknowledge that the Output may contain inaccuracies, inconsistencies, or “hallucinations,” and may be objectionable or inappropriate for your intended purpose. Essay Eye shall not be liable for any damages or claims, either from you or from third parties, that arise from or relate to the use of Output generated by or accessed through the Services. By using the Services, you agree to these terms and accept that the accuracy and reliability of the Output are not guaranteed. You are encouraged to apply your own judgment and review processes when utilizing the Output generated by Essay Eye’s Services.
1.7 FEES FOR SERVICES
Certain features or aspects of the Services provided by Essay Eye may require payment of fees or other charges. By choosing to access and use these paid features, you agree to the applicable Pricing and Payment Terms, which may be updated periodically at our discretion. We reserve the right to introduce new services for additional fees, as well as to modify or adjust fees for existing services at any time. Account Cancellation and Refund Policy: You have the option to cancel your User Account at any time. However, please note that all fees paid are non-refundable, and there will be no refunds or credits issued for any unused subscription time. If your account is suspended or terminated by Essay Eye, or if this Agreement is terminated, you acknowledge and agree that you will not be entitled to any refund or exchange for any remaining subscription time, any fees paid for any portion of the Services, any content or data associated with your account, or for any other reason. Payment Information: You are required to provide accurate, complete, and up-to-date information for any purchase, transaction, or other monetary interaction with the Services. You agree to pay all charges associated with the use of your payment method, whether it be a credit card, debit card, or other payment method, at the rates in effect at the time the charges were incurred. Additionally, you are responsible for paying any applicable taxes related to your purchases, transactions, or other monetary interactions with the Services.
Changes to Fees and Services: Essay Eye reserves the right to modify or introduce new fees and services at its sole discretion. Any changes to the pricing structure or the introduction of new fees will be communicated to you, and continued use of the Services after such changes constitutes your agreement to the updated terms. By using the paid aspects of our Services, you acknowledge and agree to these terms and conditions.
SECTION 2. INTELLECTUAL PROPERTY RIGHTS AND OUR CONTENT
All content, materials, and features available through the Services, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, software, code, and any other materials (collectively, “Essay Eye Content”), are the exclusive property of Essay Eye LLC or its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws. Intellectual Property Rights:
Ownership: Essay Eye LLC retains all rights, title, and interest in and to the Essay Eye Content, including all associated intellectual property rights. Your use of the Services does not grant you any ownership or rights to any of the Essay Eye Content, except for the limited license to use the Services as described in this Agreement.
Limited License: Subject to your compliance with this Agreement, Essay Eye grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Essay Eye Content for your personal, non-commercial use and in connection with your permitted use of the Services. This license does not permit you to:
Modify, reproduce, distribute, create derivative works from, publicly display, publicly perform, republish, download, store, transmit, or otherwise use the Essay Eye Content in any manner except as expressly permitted by this Agreement.
Use any of the Essay Eye trademarks, logos, or other proprietary graphics without our prior written consent.
User Ideas and Suggestions:
If you choose to submit any ideas, suggestions, feedback, or proposals (“Submissions”) to Essay Eye regarding our Services, you acknowledge and agree that:
No Obligation: Essay Eye LLC is under no obligation to review, consider, or implement any Submissions that you provide. Any Submissions are provided voluntarily and without any expectation of compensation or other obligations.
Rights to Use: By submitting any ideas, suggestions, or feedback, you grant Essay Eye LLC a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable, and transferable license to use, modify, reproduce, distribute, display, perform, and otherwise exploit such Submissions for any purpose, including but not limited to the development, improvement, and marketing of our Services, without any compensation to you.
No Compensation: You agree that Essay Eye LLC may freely use, copy, modify, distribute, and create derivative works from your Submissions, and that you will not be entitled to any payment, recognition, or attribution for such use.
No Confidentiality: Any Submissions you provide will be considered non-confidential and non-proprietary. Essay Eye LLC shall have no obligations concerning the confidentiality or protection of such Submissions.
By using the Services and submitting any Submissions, you acknowledge and agree to these terms regarding the intellectual property rights in our content and the use of your ideas or suggestions.
SECTION 3. LEGAL TERMS
3.1 ESSAY EYE DATA
Ownership and Access: All data, information, and materials generated, collected, processed, or stored by Essay Eye in connection with the Services (collectively, “Essay Eye Data”) are and will remain the sole and exclusive property of Essay Eye LLC. This includes any data associated with your account, as well as any analytics or information derived from your use of the Services. While certain parts of the Services may allow you to access or obtain specific data or analytics tied to your account, this access is provided on a limited basis, subject to the terms of this Agreement, and at the sole discretion of Essay Eye. License to Use Data: Essay Eye Data is licensed to you for your use on a limited basis, as governed by the terms of this Agreement. The specific data elements that may be accessible to you depend on your student information system (“SIS”) type and the specific applications you are using. The data elements used by each application can be reviewed through your dashboard. You understand and agree that any rights you have to access or use Essay Eye Data are granted by Essay Eye LLC and may be modified, controlled, or revoked at any time. Management and Control: Essay Eye LLC retains full rights to manage, control, and even eliminate Essay Eye Data at its discretion. This includes the right to alter or delete any data, account history, or content stored on Essay Eye’s servers at any time, for any reason, and without prior notice. You acknowledge and agree that Essay Eye is not liable for any deletion or loss of data and that no value, monetary or otherwise, is guaranteed or attributed to any data residing on Essay Eye’s servers. Data Privacy and Security: Essay Eye LLC is committed to ensuring the privacy and security of Essay Eye Data in accordance with our Privacy Notice. While we implement industry-standard security measures to safeguard against unauthorized access, alteration, disclosure, or destruction of data, you acknowledge that no system is entirely foolproof, and Essay Eye cannot guarantee absolute security. Retention of Data: Essay Eye LLC will retain Essay Eye Data as long as it is necessary to fulfill the purposes for which it was collected, or as required by law. You agree that Essay Eye may retain and use your data even after your account is terminated, in line with legal obligations and Essay Eye’s data retention policies. No Guarantee of Data Availability: Essay Eye LLC makes no guarantees regarding the availability of any Essay Eye Data, analytics, or account content. You understand that any such data may be deleted or become inaccessible at Essay Eye’s sole discretion, with or without notice. Essay Eye expressly disclaims any liability for loss of data and does not guarantee any monetary or other value associated with the data stored on its servers. Data Use and Distribution: Essay Eye LLC reserves the right to use, analyze, modify, aggregate, and share Essay Eye Data for any lawful purpose, including but not limited to improving and enhancing the Services, developing new features, conducting research, and marketing. Any data shared with third parties will be anonymized and aggregated to protect user privacy. By using the Services, you acknowledge and agree to these terms concerning the ownership, use, management, and control of Essay Eye Data.
3.2 PRIVACY AND SECURITY
Commitment to Privacy: Essay Eye LLC is deeply committed to protecting the privacy of our users. By using the Services, you acknowledge that we will collect, use, and disclose your personally identifiable information as described in our Privacy Notice. This includes data collected during account registration, through your use of the Services, and other interactions with the platform. Student Data and Educational Use: When Essay Eye is utilized by an Educational Institution or Teacher for educational purposes, Essay Eye may collect or have access to Student Data. “Student Data” refers to personal information directly related to an identifiable student that is maintained by an Educational Institution or similar entity, or by Essay Eye on behalf of such an entity. This may include “educational records” as defined under the Family Educational Rights and Privacy Act (“FERPA”), 20 U.S.C. § 1232(g). If you are a Teacher or an Educational Institution intending to allow students to use our Services, you must contact us to enter into a student data processing agreement. This agreement will govern the collection, use, and disclosure of Student Data in compliance with FERPA and other applicable laws. Data Collection and Use: Essay Eye LLC collects and processes data to provide and improve the Services. This includes personal information, usage data, and other data related to your interaction with the Services. All data collection practices adhere to applicable data protection laws and are detailed in our Privacy Notice. Security Measures: Essay Eye LLC employs industry-standard security measures to protect against unauthorized access, alteration, disclosure, or destruction of your personal information and Essay Eye Data. These measures include encryption, secure access controls, and regular security assessments. However, you acknowledge that no system is completely secure, and Essay Eye cannot guarantee absolute security of your data. User Responsibilities: You are responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree to notify Essay Eye immediately if you suspect any unauthorized use of your account or any other breach of security. Essay Eye LLC is not liable for any loss or damage resulting from your failure to comply with these security obligations. Data Sharing and Third-Party Access: Essay Eye LLC may share your data with third-party service providers who assist in delivering the Services, as outlined in our Privacy Notice. These third parties are bound by strict confidentiality and data protection standards. Any data shared with third parties for marketing, research, or other purposes will be anonymized and aggregated to protect user privacy. Data Breach Response: In the event of a data breach that affects your personal information or Essay Eye Data, we will promptly investigate the breach and take appropriate actions to mitigate any harm. Depending on the severity of the breach and applicable legal requirements, we may notify you and relevant authorities of the breach and provide guidance on protective measures you can take. International Data Transfers: If you are accessing the Services from outside the United States, be aware that your data may be transferred to, stored, and processed in the United States or other jurisdictions where our data processing facilities or third-party service providers are located. By using the Services, you consent to such transfers and the application of U.S. law to the processing of your data. Compliance with Legal Requirements: Essay Eye LLC may disclose your data when required to do so by law or in response to valid legal processes, such as a subpoena, court order, or government request. We will take reasonable steps to notify you of such disclosures, where permitted by law. FERPA Compliance and Student Data: For users within an educational context, particularly Educational Institutions and Teachers, Essay Eye LLC is committed to ensuring that Student Data is handled in accordance with FERPA and other applicable laws. We will enter into a student data processing agreement with the relevant Educational Institution or Teacher to govern the collection, use, and disclosure of Student Data. This agreement will include provisions to protect the privacy and security of Student Data, ensuring that it is only used for authorized educational purposes. By using the Services, you acknowledge and agree to the terms set forth in this Privacy and Security section, including those related to Student Data, as well as those outlined in our Privacy Notice.
3.3 ACCESS TO EXTERNAL SITES AND SERVICES
The Services provided by Essay Eye LLC may include links to third-party websites, services, or materials that are not owned or controlled by Essay Eye (“Third-Party Sites”). These links are provided for your convenience and informational purposes only. Essay Eye does not endorse, monitor, or assume any responsibility for the content, products, services, or practices of these Third-Party Sites. You acknowledge and agree that if you choose to access or interact with any third-party website or service through the Services, you do so at your own risk. The terms and conditions of this Agreement do not apply to your use of such third-party sites, and you should review the terms and policies of the respective third parties to understand your rights and obligations. Third-Party Content and Services: Essay Eye LLC does not control or monitor the content or practices of Third-Party Sites and is not responsible for their accuracy, legality, or appropriateness. Any information, opinions, advice, or statements made available by third parties, including users of the Services, are those of the respective author(s) and do not necessarily reflect the views of Essay Eye. The Services may offer integrations with or access to third-party services, applications, or tools (“Third-Party Services”). Your use of any Third-Party Services is subject to the terms and conditions of use and privacy policies associated with those services. Essay Eye LLC does not warrant or support these services in any way. Data Collection and Privacy: Third-Party Sites and Services may collect data from you independently of Essay Eye LLC. Any data collected by these third parties is governed by their respective privacy policies, and Essay Eye LLC is not responsible for the data collection practices of these third parties. No Liability for Third-Party Interactions: Essay Eye LLC expressly disclaims any and all liability arising from your use of or reliance on any third-party websites, services, or content accessed through the Services. Any disputes arising from your interactions with third parties are solely between you and the third party and do not involve Essay Eye. By using the Services, you expressly relieve Essay Eye from any and all liability arising from your use of any third-party website, service, or content.
3.4 INDEMNITY AND LIABILITY DISCLAIMER
Indemnity: You agree to indemnify, defend, and hold harmless Essay Eye LLC, its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (i) Your use of the Services; (ii) Your violation of this Agreement; (iii) Your violation of any rights of another, including intellectual property rights; (iv) Any content or data you submit, post, transmit, or otherwise make available through the Services; (v) Your interaction with third-party websites, services, or content accessed through the Services. Warranty Disclaimer: The Services, including all content, features, and materials provided through the Services, are offered “as is” and “as available,” without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement, or security. Essay Eye LLC does not warrant that: (i) The Services will meet your requirements or expectations; (ii) The Services will be uninterrupted, timely, secure, or error-free; (iii) Any results obtained from the use of the Services will be accurate or reliable; (iv) Any defects or errors in the Services will be corrected. Any content or materials downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk, and you are solely responsible for any damage to your computer system or loss of data that results from the download or use of such content or materials. Limitations of Warranty: Certain states, jurisdictions, or countries may not allow the exclusion or limitation of certain warranties, so some of the above exclusions may not apply to you. In such cases, the scope and duration of any such warranties will be limited to the minimum extent required by applicable law.
3.5 LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, in no event shall Essay Eye LLC, its affiliates, officers, directors, employees, agents, suppliers, or licensors be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses, that result from: (i) The use of, or inability to use, the Services; (ii) Any errors, mistakes, or inaccuracies of content; (iii) Personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Services; (iv) Any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (v) Any interruption or cessation of transmission to or from the Services; (vi) Any malicious software agents that may be transmitted to or through the Services by any third party; (vii) Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Services; (viii) Content you create or the defamatory, offensive, or illegal conduct of any third party. No Liability for Unauthorized Access or Use: Under no circumstances will Essay Eye LLC be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Services, your account, or the information contained therein. Cap on Liability: In no event shall the total liability of Essay Eye LLC, its affiliates, officers, directors, employees, agents, suppliers, or licensors for all claims, damages, losses, and causes of action arising out of or relating to this Agreement or your use of the Services exceed the greater of: (i) The amount you have paid to Essay Eye for the Services in the twelve (12) months prior to the event giving rise to the liability, or (ii) One hundred dollars ($100.00). Exclusions and Limitations: This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Essay Eye LLC has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above exclusions or limitations may not apply to you. In such cases, the liability of Essay Eye LLC will be limited to the fullest extent permitted by applicable law. Acknowledgment: You acknowledge and agree that the limitations of liability and indemnities provided in this Agreement are a fair allocation of risk and an essential basis of the bargain between you and Essay Eye LLC, and that without such limitations, Essay Eye LLC would not be able to provide the Services on the terms provided.
3.6 LEGAL JURISDICTION
This Agreement, and any disputes arising out of or related to this Agreement or the Services, shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles. You agree that any legal action or proceeding arising out of or related to this Agreement or the Services shall be brought exclusively in the state or federal courts located in Los Angeles, CA, and you consent to the jurisdiction of and venue in such courts.
3.7 ARBITRATION CLAUSE
Agreement to Arbitrate: Any dispute, controversy, or claim arising out of or relating to this Agreement, the Services, or any related transactions shall be resolved through binding arbitration, rather than in court, except that you or Essay Eye LLC may bring claims in small claims court if the claims qualify. Arbitration Rules and Procedures: The arbitration shall be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, or another mutually agreed-upon arbitration provider. The arbitration will be conducted in Los Angeles, CA, or a mutually agreed-upon location. The AAA rules are available online at www.adr.org or by calling 1-800-778-7879. Arbitration Costs: The payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules. Essay Eye LLC will reimburse those fees for claims totaling less than $10,000.00 unless the arbitrator determines the claims are frivolous. Class Action Waiver: You and Essay Eye LLC agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. The arbitrator may not consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. Enforceability: If any part of this arbitration provision is found to be unenforceable, the remainder of the arbitration provision will remain in effect. Opt-Out Option: You may opt-out of this arbitration agreement within 30 days of first accepting this Agreement by notifying Essay Eye LLC in writing. Your written notice must be sent to [Your Company’s Address] and must include your name, address, and a clear statement that you wish to opt out of this arbitration agreement.
3.8 CLASS ACTION / JURY TRIAL WAIVER
By using the Services, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not as a class, consolidated, or representative action. You further agree to waive your right to a jury trial in any litigation or arbitration arising out of or related to this Agreement or the Services.
3.9 SEVERABILITY AND WAIVER
Severability: If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the maximum extent permissible, and the remaining provisions of this Agreement shall remain in full force and effect. The invalidity of any provision will not affect the validity or enforceability of any other provision of this Agreement, which will continue to govern the relationship between you and Essay Eye LLC. Waiver: The failure of Essay Eye LLC to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. A waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Essay Eye LLC. No waiver of any term of this Agreement will be deemed a further or continuing waiver of such term or any other term, and Essay Eye’s failure to assert any right or provision under this Agreement will not constitute a waiver of such right or provision. Entire Agreement: This Agreement, together with any amendments and any additional agreements you may enter into with Essay Eye LLC in connection with the Services, including those referenced herein, constitutes the entire agreement between you and Essay Eye concerning the Services. This Agreement supersedes all prior or contemporaneous communications, agreements, and understandings, whether oral or written, relating to the subject matter herein. Assignment: This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Essay Eye LLC in accordance with the terms of our Privacy Notice and applicable laws. Any attempted transfer or assignment in violation hereof shall be null and void. Government Use: If the Services are licensed to the United States government or any agency thereof, the Services will be deemed “commercial computer software” and “commercial computer software documentation,” pursuant to DFARS Section 227.7202 and FAR Section 12.212, respectively, as applicable. Any use, reproduction, release, performance, display, or disclosure of the Services and any accompanying documentation by the U.S. Government will be governed solely by this Agreement and is prohibited except to the extent expressly permitted by this Agreement. Relationship of the Parties: Nothing in this Agreement shall be construed to create a joint venture, partnership, or agency relationship between you and Essay Eye LLC. Neither party is authorized or empowered to act as the agent of the other, or to incur any liability on behalf of the other party.
3.10 HOW TO CONTACT US
If you have any questions about this Agreement, please contact us at: privacy@essayeye.com
3.11 UPDATES TO THESE TERMS OF USE
If we make material changes to this Agreement, we will provide reasonable notice to you, such as by email to your registered email address, by prominent posting on this website or our online services, or through other appropriate communication channels.
