Terms of Use.
Please read our Terms of Use below:
Access to and use of our website at www.eagleeye.com (the "Website") and any other of our portals or our dashboards are subject to these Terms of Use.
Use of the Website or any of our portals or our dashboards, includes but is not limited to, accessing, browsing or submitting information to the Website.
If you use any part of the Website or our portals or our dashboards, that use is considered your acceptance of these Terms of Use. That acceptance applies from the date on which you first access the Website or our portals or our dashboards. You should stop using the Website or our portals or our dashboards straight away if you do not agree with these Terms of Use.
Before entering the Website or our portals or our dashboards, you should read these Terms of Use carefully, but also our Privacy and Cookies Policy. If you have purchased access to any of our subscription services that can be accessed through the Website, separate contractual terms of engagement will apply to such access.
Your use of the Website
You shall not use the Website for, or send to the Website, anything which, in any way:
a) is not in our best interests;
b) involves your use of any viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful or is intended to damage or interfere with the Website or any other system or information;
c) is infringing of any intellectual property rights or rights of privacy or confidentiality of us or any third party;
d) is fraudulent, criminal or not lawful, or which is in breach of any applicable law, statute, regulation or bye-law;
e) is misrepresentative or impersonates another person or organisation;
f) is defamatory, racist, sexist, defamatory, discriminatory, offensive, threatening, hateful, pornographic, indecent, obscene, malicious, abusive, political or untrue;
g) is outdated or not accurate; or
h) is contrary to these Terms of Use or the Privacy and Cookies Policy.
If you submit or send to the Website any information or material, that information or material shall be considered non-confidential and non-proprietary. You hereby grant to us, and any third party that assists us in operating the Website and providing the services available through the Website, a worldwide, royalty-free, irrevocable, assignable, sub-licensable licence to use that information or material for the purposes of the Website or our general business purposes. You hereby waive your moral rights in respect of such information or material, such that we do not need to identify you as the author of that information or material and we may amend or modify it as we consider, in our absolute discretion, to be appropriate.
We have the right to disclose your identity to any third party that claims that any content posted or submitted by you in relation to the Website infringes their intellectual property rights or their right to privacy or confidentiality.
You shall comply at all times with our instructions for use of the Website.
You shall fully and promptly indemnify us against all damages, claims, demands, losses, proceedings, liabilities, charges, costs and expenses suffered or incurred by us due (directly or indirectly) to your failure to comply within any provision of these Terms of Use. Availability, accuracy and security of the Website
The Website is made available free of charge.
The content on the Website is provided for general information only and is not intended to amount to advice on which you should rely. You should obtain professional or specialist advice before taking or refraining from any action on the basis of the content on the Website.
From time to time, we may carry out maintenance or repairs to the Website or update the Website with new functionality.
We will use our reasonable endeavours to make the Website available 24 hours a day. Subject to paragraph 19 below, we shall not have any liability if the Website is unavailable for any period or at any time.
Due to the nature of the Internet, we cannot guarantee that the Website will always be available or that your access to the Website will be uninterrupted, timely or error-free. We do not guarantee that the Website will be secure or free from bugs or viruses.
We may suspend or withdraw access to the Website from any user for any reason, temporarily or permanently, at any time without notice, and you shall not circumvent, or attempt to circumvent, any such action.
We may impose restrictions on access to the Website for any reason at any time without notice, and you shall not circumvent, or attempt to circumvent, any such action.
It is your responsibility to ensure that any hardware, software or equipment that you use is compatible with the Website, and, subject to paragraph 19 below, we shall not have any liability for any damage caused to, or viruses or other information which may affect, any such hardware, software or equipment due to your access to the Website. You should use your own virus protection software.
Subject to paragraph 19 below, we shall not have any liability for the actions of third parties. Liability
We accept liability for a) death or personal injury caused by our negligence, b) our fraudulent misrepresentation, and c) any other liability that we cannot exclude or limit at law.
Subject to paragraph 19 above, and to the extent permitted by law, in all cases other than in respect of services we provide to a specific customer (which shall be governed by separate contractual terms of engagement), in relation to your use of or inability to use, or delay in use of, or reliance on any content on, the Website or any material in it or accessible from it or from any action or decision taken as a result of using the Website or any such material:
a) our maximum liability (whether in tort, contract, misrepresentation, negligence, restitution or under any other legal head of liability), shall be £100; and
b) we shall not have any liability (whether in tort, contract, misrepresentation, negligence, restitution or under any other legal head of liability) for any:
(i) indirect or consequential losses, damages, costs or expenses; (ii) loss of actual or anticipated profits; (iii) loss of contracts; (iv) loss of use of money; (v) loss of anticipated savings; (vi) loss of revenue; (vii) loss of goodwill; (viii) loss of reputation; (ix) loss of business; (x) ex gratia payments; (xi) loss of operation time; (xii) loss of opportunity; (xiii) loss caused by the diminution in value of any asset; or (xiv) loss of, damage to, or corruption of, data; whether or not such losses were reasonably foreseeable or we had been advised of the possibility of such losses being incurred. For the avoidance of doubt, (ii) to (xiv) (inclusive) of this paragraph 20b) apply whether such losses are direct, indirect, consequential or otherwise.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website or any content on it, whether express or implied. Intellectual Property
We are the owner or licensee of all intellectual property rights in the Website and in the material published on it. Those works are protected by copyright laws and treaties around the world.
All names, logos and related names, design marks and slogans used by us are trademarks or service marks of us or our licensees.
Unless otherwise stated, the copyright, database rights and any other rights (including, but not limited to, intellectual property rights) in all information, data, text, photographs, images, graphics and materials (together "Materials") on the Website, and the design, layout, "look and feel" and appearance of the Website is owned by us or licensed to us by third parties. You are permitted to use and download Materials or extracts from the Website to a local hard disk and print copies, subject to all of the following:
a) your use of the Website and any Materials is for your internal, personal, and private use only;
b) except to the extent provided by law, you must not use, copy, reproduce, republish, post, broadcast or transmit any part of the Website or any Materials for any other purpose without our express prior written consent. This includes (but is not limited to) not reproducing or storing any part of the Website or any Materials in any other website or in any public or private electronic retrieval system or service;
c) you must not modify the paper or digital copies of any materials you have printed off or downloaded from the Website in any way, and you must not use any illustrations, photographs, videos or audio sequences or any graphics separately from any accompanying text;
d) except as we expressly permit, you must not in any way modify any Materials on the Website;
e) our copyright notice (e.g. © Eagle Eye Solutions Ltd 2023) or, where indicated, the notice of our licensors must appear in all electronic or hard copies of any Materials or extracts from the Website;
f) when you lawfully or with our consent copy, reproduce, republish, post, broadcast, transmit, print or quote from any of the Website or any Materials, you must do so fairly and give due accreditation to us, our suppliers and the Website. You must also do so in accordance with any restrictions which we stipulate on the Website;
g) if you print off, copy or download any part of the Website in breach of these Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made; and
h) any rights not expressly granted in these Terms of Use or otherwise by us are reserved. Submitting your data to the Website
Certain parts of the Website may allow you to send enquiries or submit other requests to us and/or third parties that assist us in operating the Website and providing the services available through the Website. In doing so, you will be providing to us and/or those third parties your personal data; please see our Privacy and Cookies Policy for more details about this. Third-party websites
We have no control over the content of any website to which a link from the Website exists (unless we are the provider or operator of those linked websites). Subject to paragraph 19 above, we shall have no liability for the content of those linked websites. Those websites are provided "as is" with no express or implied warranty for their content. By providing a link to those websites, we do not provide any endorsement or recommendation of those websites, their content or their operators or owners.
Unless we provide our written consent for you to do so, you shall not frame the Website onto your own or another person's website.
We hereby grant to you a royalty-free, non-exclusive, revocable licence to provide a link from your website to the homepage of the Website; however, you must do so in a legal and fair way without damaging our reputation or taking advantage of it, and:
1. you shall not establish a link to the Website on any website that is not owned by you;
2. you shall not say anything that is false, misleading, derogatory or offensive about us or our products or services;
3. you shall not make any warranties or representation about us or our products or services without our prior written consent;
4. you shall not say or suggest that we have endorsed your website or are associated with it without our prior written consent; and
5. you may not charge any fee to any third party in order to use such link or to otherwise access the Website, and if you act in breach of this paragraph 27.5, you agree that any such fee that you have received shall become immediately payable by you back to such third party. We reserve the right to withdraw this linking permission without notice. Changes to the Website and these Terms of Use
We may change or update the Website and its content at any time without notice to you. However, please note that any content on the Website may be out of date at any given time, and we are not under any obligation to update that content.
We may change these Terms of Use at any time without notice to you. If we do change these Terms of Use, we will post the updated Terms of Use on the Website. It is your responsibility to check the Website from time to time to see if there have been any changes to these Terms of Use. Once any updated Terms of Use are posted on the Website, your continued use of the Website will be considered to be your acceptance of those updated Terms of Use. General
If any provision of these Terms of Use shall be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any jurisdiction, then, to the extent that provision is illegal, invalid or otherwise unenforceable, it shall be severed and deleted, and the remaining provisions of these Terms of Use shall survive, remain in full force and effect and continue to be binding and enforceable.
These Terms of Use and your use of the Website (including, but not limited to, any non-contractual disputes or claims arising out of or in connection with them or it) shall be governed by and construed in accordance with English law. Any dispute or claim arising out of or in connection with these Terms of Use and your use of the Website shall be subject to the exclusive jurisdiction of the English courts.
The use of any of our portals or our dashboards or any of our documentation is subject to you agreeing to the following;
The access to and use of confidential and proprietary information (whether provided orally or in writing, concerning our products and services, including without limitation our Application Programming Interfaces (APIs), hereafter referred to as API Documentation is subject to the terms of this Non-Disclosure Agreement (NDA). It does not include information that is generally available to the public (other than by you breaching this NDA) or which was available to you on a non-confidential basis before entering into this NDA.
In this NDA, we/us refers to Eagle Eye Solutions Limited, the entity that operates the APIs, and providing you access to the API Documentation. You/your refers to you, the individual accessing the API Documentation, including any legal entity you may represent or act on behalf of.
By clicking 'Accept Terms and Create Account', you agree to be legally bound by the terms of this NDA. If you do not agree to this NDA, you are not permitted to access the API Documentation.
You hereby agree to the following:
- You agree to keep the API Documentation confidential, and except with our prior written consent, you agree not to use or disclose the API Documentation in any way except to evaluate and analyse the API Documentation for the purpose of entering into discussions with us in respect of a potential commercial collaboration and agreement between us (Purpose).
- You agree to apply the same security measures and degree of care to the API Documentation as you apply to your own confidential information, which must be no less that commercially reasonable measures.
- You may disclose the API Documentation to your employees, agents, officers, advisers and other representatives who have a need to know the information in the API Documentation for the Purpose (Representatives). However, you must ensure that you inform them of the confidential nature of the API Documentation and ensure that they are bound by contractual obligations of confidentiality no less onerous that those set out in this NDA. You agree that you are at all times liable for their failure to comply with this NDA.
- You may also disclose the API Documentation to the extent required by applicable law, by any government or other regulatory authority, or by a court of competent jurisdiction, provided that, to the extent legally permitted, you give us as much notice of this disclosure as possible, and where notice is permitted, you take into account any of our reasonable request in relation to the content of this disclosure.
- At our request, you will permanently destroy (including, without limitation, erase from your computer systems or which is stored in electronic form, to the extent possible) or return the API Documentation, and all documents and materials (and any copies) containing, reflecting, incorporating, or based on the API Documentation.
- We reserve all rights in and to our API Documentation. No rights, including intellectual property rights, in respect of our API Documentation, are granted to you and no obligations are imposed on us, other than those expressly stated in this NDA.
- Except as expressly stated in this NDA, we make no express or implied warranty or representation concerning our API Documentation, or the accuracy or completeness of the API Documentation.
- The disclosure of our API Documentation will not form any offer by, or representation or warranty on our part to enter into any further agreement in relation to the Purpose, or the development or supply of any product or service to which the API Documentation relates.
- You acknowledge that damages alone would not be an adequate remedy for the breach of any of the provisions of this NDA. Accordingly, without prejudice to any other rights and remedies we may have, we will be entitled to the granting of equitable relief (including injunctive relief) concerning any threatened or actual breach of any of the provisions of this NDA.
- You will indemnify us and keep us fully indemnified at all times against all liabilities, costs (including legal costs on an indemnity basis), expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and other reasonable costs and expenses suffered or incurred by us) arising from any breach of this NDA by you and from the actions or omissions of any of Representatives.
- Your obligations under this NDA will, notwithstanding any earlier termination of negotiations or discussions between us in relation to the Purpose, continue for a period of five years from your acceptance of this NDA.
- This NDA constitutes the entire agreement between us and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between us, whether written or oral, relating to its subject matter.
- You agree that you will have no remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in this NDA. Our only liability in respect of those representations and warranties that are set out in this NDA (whether made innocently or negligently) will be for breach of contract. Nothing in this NDA excludes or limits our liability for fraud or fraudulent misrepresentation.
- This NDA cannot be varied or amended without both of us agreeing in writing.
- Failure to exercise, or any delay in exercising, any right or remedy provided under this NDA or by law will not constitute a waiver of that or any other right or remedy, nor will it preclude or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under this NDA or by law shall preclude or restrict the further exercise of that or any other right or remedy.
- You may not assign, transfer, charge or otherwise encumber, create any trust over, or deal in any manner with, this NDA or any right, benefit or interest under it, nor transfer, novate or sub-contract any of its obligations under it, without our prior written consent.
- Any notice given to either of us under or in connection with this NDA will be in writing, addressed to, as applicable, your or our registered office (if it is a company) or principal place of business (in any other case) or such other address as that either of us may have specified to the other in writing, and will be delivered personally, sent by pre-paid first class post, recorded delivery or commercial courier.
- A notice shall be deemed to have been received: if delivered personally, when left at the address referred to in paragraph 18, if sent by pre-paid first class post or recorded delivery, at 9.00 am on the second business day after posting; or, if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed.
- Nothing in this NDA is intended to, or shall be deemed to, establish any partnership or joint venture between us, constitute either of us the agent of the other, nor authorise either of us to make or enter into any commitments for or on behalf of the other.
- A person who is not a party to this NDA shall not have any rights under or in connection with this NDA.
- If any provision of this NDA is determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any jurisdiction, then, to the extent that provision is illegal, invalid or otherwise unenforceable, it is severed and deleted, and the remaining provisions of this NDA shall survive, remain in full force and effect and continue to be binding and enforceable.
- This NDA and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law. We both irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this NDA or its subject matter or formation.