Last Updated on April 14, 2025.
These Terms of Use ("Terms") govern your access to and use of eyeballer.ai and any website, platforms, or mobile applications that link to these Terms (collectively "Site").
Eybeballer LLC, a Delaware limited liability company, (together with its affiliates, "we", "us", "our" and "Eyeballer") may update these Terms or any additional terms related to this Site to reflect changes to the law, this Site, or our business. If you do not agree to these Terms or any updated Terms, you must stop using this Site.
The term "you" refers to the business professional visiting this Site and/or contributing content to this Site. If you are accessing or using this Site on behalf of a business, that business accepts these Terms, and the term "you" also refers to that business.
Use of this Site is prohibited in any jurisdiction that does not give effect to all provisions of these Terms.
The purpose of the Site is to collect and publish user reviews of products/services in exchange for compensation.
By using our services, you acknowledge and agree to the terms of our Privacy Policy, including how your information may be shared with third-party advertisers, in accordance with applicable law.
THESE TERMS INCLUDE A DISPUTE RESOLUTION AND ARBITRATION PROVISION, ALONG WITH A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS REGARDING DISPUTES WITH US AND RELATED PARTIES, APPLICABLE IF YOU ARE IN THE UNITED STATES OR IN JURISDICTIONS WHERE SECTION 9 IS NOT PROHIBITED. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW IN SECTION 9.
By using this Site, you represent and warrant that (a) all information you provide is accurate and complete, (b) if you have a Eyeballer account ("Registered User" or "User"), you will safeguard your account information and are responsible for all account activity, (c) you are at least 18 years old, (d) you will use this Site solely for business and professional purposes only and never for personal, family, or household purposes, and (e) you will comply with these Terms and applicable law. We reserve the right to deny access to anyone for any reason, including, violations of these Terms.
Eyeballer is not responsible and assumes no liability for any content posted, stored, or uploaded by you or third parties, nor for any associated loss or damage. We are not liable for any inaccuracies, defamation, slander, libel, omissions, falsehoods or offensive material you may encounter. Users are expressly prohibited from including inaccuracies, defamation, slander, libel, omissions, falsehoods or offensive material in their reviews.
While we assume no obligation to monitor or edit content, we reserve the right to remove, screen, or edit any content at our discretion and without notice. You are responsible for backing up any content you post.
We may remove reviews or comments that do not meet quality standards, including but not limited to those copied from other sources, irrelevant responses, defamatory comments, illegal content, or those indicating non-professional use or have been generated by an AI language model except for language translators. Additionally, we may remove content from users lacking critical identifying information on their Eyeballer profiles.
Subject to these Terms, Users will be paid the amount posted with each product or service for each review completed. Reviews may be submitted in text, audio, or video formats. In order to receive payment for a review, Users must create a valid Eyeballer account by linking their LinkedIn profile, confirm they have created an account with the product or service they have reviewed, and submit a valid review meeting the postings listed requirements. Failure to complete any of the above will result in a loss of payment and may prevent future use of the Site.
Review payments will be presented in User's accounts in a visible dashboard. Withdrawal of funds requires the User to connect their account to Eyeballer's payment processor. All Users must abide by Eyeballer's payment processor terms and conditions and restrictions in order to withdraw funds.
Eyeballer reserves the right to withhold payment for any review that does not meet its quality standards.
Eyeballer is a platform that allows you to post your sentiments about software products and services. By submitting content to this Site ("Submissions"), you grant Eyeballer and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sublicensable right to (a) use your Submissions worldwide, and (b) use your name, email and other personal information, including your likeness. You also irrevocably grant the users of the Service the right to access and use your content. By "use" we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of your content. Your Submission may be used in a number of ways, including by publicly displaying it, reformatting it, incorporating it into advertisements, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms.
You are prohibited from including confidential or proprietary information from third parties in your Submissions. Your Submissions, along with any personal information, may be used by us, our affiliates, and sublicensees across various platforms, including advertising and marketing materials.
With respect to reviews included in your Submissions, to the fullest extent permitted by law, you irrevocably waive all rights related to all liabilities, claims or actions (collectively, "Claims") arising directly or indirectly from the use of your Submissions. This waiver includes any Claims resulting in whole or part from the negligence.
You represent and warrant that (a) you are at least 18 years old, and have full authority to grant the rights outlined herein, (b) all statements and information you provide are true and accurate, and that the rights and licensees granted herein do not and will not violate any right (including copyright, trademark, trade secret, privacy or publicity) or violate any agreements or commitment to third parties, and that no consent or authorization from, or any payment to, any third party is required in connection herewith.
If you retain moral rights (including rights of attribution or integrity) in the Submissions, you agree that: (a) you do not require personally identifying information to be associated with your Submission, (b) you have no objections to the publication, use, modification, deletion or exploitation of the Submission by Eyeballer or its licensees, successors, and assigns; (c) you waive any moral rights as an author, and (d) you release Eyeballer, and its licensees, successors, and assigns, from any claims related to these rights.
The content on this Site, and the infrastructure used to provide such content, is proprietary to us unless otherwise stated in these Terms. The content and information on this Site, including messages, data, text, images, and software, are proprietary to us unless otherwise stated in these Terms. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any such content obtained from or through this Site.
THE INFORMATION, ANY CONTENT, SUBMISSIONS, SOFTWARE, PRODUCTS OR SERVICES ON THIS SITE MAY CONTAIN INACCURACIES OR ERRORS. EYEBALLER DOES NOT GUARANTEE THEIR ACCURACY AND DISCLAIMS ALL LIABILITY FOR ANY ERRORS REGARDING TECHNOLOGY PRODUCTS AND RELATED SERVICES (INCLUDING, WITHOUT LIMITATION, THE PRICING, SCREENSHOTS, VIDEOS, LIST OF PRODUCT AND SERVICE FEATURES, VENDOR COMPANY INFORMATION, GENERAL PRODUCT DESCRIPTIONS, ETC.). EYEBALLER MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF ANY INFORMATION OR SERVICES ON THIS SITE, AND THEIR INCLUSION DOES NOT IMPLY ENDORSEMENT BY EYEBALLER.
ALL SUCH INFORMATION OR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. EYEBALLER DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS SITE, SERVERS, CONTENT, OR EMAILS, INCLUDING THAT THEY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
EYEBALLER, WHICH INCLUDES ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES, WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR ACCESS TO OR USE OF THIS SITE. THIS INCLUDES ANY ISSUES RELATED TO DELAY OR INABILITY TO ACCESS OR USE THIS SITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THIS SITE; ANY COMPUTER VIRUSES, INFORMATION, CONTENT, SUBMISSIONS, SOFTWARE, LINKED SITES, PRODUCTS, OR SERVICES OBTAINED OR ACCESSED THROUGH THIS SITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY ON, OR USE OF THIS SITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF EYEBALLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The limitation of liability reflects the risk allocation between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. The limitations of liability provided in these Terms inure to the benefit of Eyeballer.
You agree to defend and indemnify Eyeballer, its affiliates and licensees, and their officers, directors, employees, and agents against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties, liabilities, or expenses, legal and accounting fees, arising from (a) your breach of these Terms and all terms incorporated by reference, (b) your violation of any law or third party rights, or (c) your use of this Site. Eyeballer reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Eyeballer. Eyeballer will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
This Site may contain links to third-party websites or platforms for your convenience. It is your responsibility to ensure that any links or software you use are free from harmful elements, like viruses or malware. Eyeballer does not control, endorse, sponsor or accept any responsibility for these third-party websites. If prompted by a third-party site (like LinkedIn or Facebook) to link your profile, this is optional, and you can disable this link at any time. You agree to direct any concerns relating to these third-party websites to the relevant third-party website administrator.
You may not use, export, or re-export any aspects of this Site (or any copy or adaptation of the foregoing) in violation of applicable law, including, without limitation, U.S. and foreign export laws and regulations. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country and that you are not listed on any U.S. Government list of prohibited or restricted parties.
This Site and all translations are the property of Eyeballer and are protected by U.S. and international copyright law and conventions. Eyeballer grants to you the right to access and use this Site. User acknowledges that access to and use of this Site is subject to these Terms and any expanded access or use must be approved in writing by Eyeballer. The look and feel of this Site, including all page headers, custom graphics, button icons, and scripts, is the service mark, trademark, and/or trade dress of Eyeballer and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Eyeballer.
Other logos and product and company names mentioned herein may be the trademarks of their respective owners. Mention of products or services does not imply endorsement by Eyeballer.
If you believe there is an infringement of your brand or ours, please notify us according to our Copyright Complaint Policy and by contacting us at support@eyeballer.ai.
DISPUTE RESOLUTION BY BINDING ARBITRATION APPLIES TO PERSONS LOCATED IN THE UNITED STATES AND IN ANY JURISDICTION WHERE THIS SECTION 9 IS NOT PROHIBITED.
YOU HAVE READ THIS PROVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND US. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO OPT OUT OF THIS PROVISION AS PROVIDED IN SECTION 9.3 BELOW.
If you are located in the United States or any jurisdiction where this Section 9 is not prohibited, you and Eyeballer agree that the sole and exclusive forum and remedy for resolution of a Claim be final and binding arbitration pursuant to this Section 9 ("Arbitration Provision") unless you opt-out as provided in Section 9.2 below. As used in this Arbitration Provision, "Claim" shall include any past, present, or future claim, dispute, or controversy involving you (or persons claiming through, affiliated with, or connected with you), on the one hand, and Eyeballer (or persons claiming through, affiliated with, or connected with Eyeballer) on the other hand, regardless of when the claim arose, even if it was before these Terms existed, relating to or arising out of any products or services provided by Eyeballer to you, any interactions or communications between or among you and Eyeballer, this Agreement, and/or the activities or relationships that involve, lead to, or result from this Agreement, including (except to the extent provided otherwise in the last sentence of Section 9.8 below) the validity or enforceability of this Arbitration Provision, any part thereof, or the entire Agreement. Claims are subject to arbitration regardless of whether they arise from contract; tort (intentional or otherwise); a constitution, statute, common law, or principles of equity; or otherwise. Claims include matters arising as initial claims, counter‐claims, cross-claims, third-party claims, or otherwise. Please note that you may continue to assert Claims in small claims court, if your Claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The scope of this Arbitration Provision is to be given the broadest possible interpretation that is enforceable.
This Arbitration Provision is made pursuant to a transaction involving interstate commerce and shall be governed by and enforceable under the Federal Arbitration Act ("FAA"). The arbitrator will apply substantive law consistent with the FAA and applicable statutes of limitations. The arbitrator may award damages or other types of relief permitted by applicable substantive law, subject to the limitations set forth in this Arbitration Provision. The arbitrator will not be bound by judicial rules of procedure and evidence that would apply in a court. The arbitrator shall take steps to reasonably protect confidential information.
You may opt out of this Arbitration Provision for all purposes by sending an arbitration opt-out notice to support@eyeballer.com, within 60 days of the date of your electronic acceptance of these Terms or the date you first used our products or services. The opt-out notice must clearly state that you are rejecting arbitration; provide your name, address, email address, and telephone number; and be signed by you. No other methods can be used to opt out of this Arbitration Provision. If the opt-out notice is sent on your behalf by a third party, such third party must include evidence of his or her authority to submit the opt-out notice on your behalf.
If a Claim arises, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost-effective means of resolving the dispute quickly. Before initiating any dispute or Claim in arbitration you must first provide Eyeballer an opportunity to resolve any complaints by contacting us via support@eyeballer.com with the subject line "Dispute Notice." Your Dispute Notice must contain the following information: (1) your name, (2) address, (3) the email address used with us, (4) if available, the confirmation or other number for the transaction that is the subject of the complaint, (5) the date, (6) a brief description of the nature of the complaint, and (7) the resolution sought (together, the "Required Information"). If your Dispute Notice does not contain all of the Required Information (or an explanation of why you are unable to include it), then the Dispute Notice shall be without effect and must be resubmitted before any arbitration or other legal action against us can be initiated. This requirement is intended to inform us that you have a complaint that may need resolution. If we do not resolve the complaint within 60 days of the initiation of the Dispute Notice, you shall be entitled to seek relief as stipulated in this Arbitration Provision.
The party initiating arbitration shall do so with the Judicial Arbitration and Mediation Services ("JAMS") Florida under JAMS Arbitration Rules & Procedures. If, and only if, the JAMS declines for any reason to administer the arbitration or is otherwise unable to administer the arbitration for any reason, you agree that, alternatively, the arbitration will be administered by the American Arbitration Association (the "AAA"). The arbitration shall be conducted according to, and the location of the arbitration shall be determined in accordance with, the rules and policies of the administrator used, except to the extent the rules conflict with this Arbitration Provision or are prohibited by any countervailing law. You may obtain copies of the current rules, forms, and instructions for initiating an arbitration with JAMS by contacting the JAMS as follows: on the web at JAMS: Mediation, Arbitration and ADR Services | jamsadr.com or by writing to JAMS Florida - One Biscayne Tower, 2 South Biscayne Boulevard, Suite 3600, Miami, FL 33131. You may obtain copies of the current rules, forms, and instructions for initiating an arbitration with the AAA by contacting the AAA as follows: on the web at American Arbitration Association |ADR.org or by writing to American Arbitration Association, Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043. In the case of a conflict between the rules and policies of the administrator and this Arbitration Provision, this Arbitration Provision shall control if not prohibited by countervailing law, unless all parties to the arbitration consent to have the rules and policies of the administrator apply. The arbitration will be conducted by one arbitrator, who will be appointed by the administrator. You agree that the arbitration will be conducted in the English language. Any hearing will be conducted virtually unless the arbitrator determines that a party's right to a fundamentally fair process would be impaired without an in-person hearing. In the case of an in-person hearing, such hearing will be held in the United States county where you live or work, or any other location we agree to. You agree that, in the event of an in-person hearing, any Eyeballer employee, witness or representative who resides more than 150 miles from the location of the in-person hearing and who is participating in the hearing, may participate by telephone or video conference, and his or her physical presence shall not be required. Ordinarily, pre-hearing information exchanges will be limited to the reasonable production of non-privileged documents directly relevant to the dispute. Unless the arbitrator determines that an additional form of information exchange is necessary to provide for a fundamentally fair process, those documents will be limited to your account records and communications directly related to the transactions between you and Eyeballer that are the subject of your dispute. Any issues regarding discovery, or the relevance or scope thereof, shall be determined by the arbitrator, and the arbitrator's determination shall be conclusive. Any arbitration shall be confidential, and neither party may disclose the existence, content, or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award.
Each party will be responsible for its own initiation fees for arbitration, but if your entire Claim is for less than $1,000, Eyeballer shall reimburse you for the filing fee upon written request for reimbursement with documentation of insufficient funds to pay the fee. In the event that you are able to demonstrate that the costs of arbitration would be prohibitive as compared to costs of litigation, Eyeballer will pay as much of the fees and costs in connection with the arbitration as the arbitrator deems necessary in order to prevent the arbitration from being cost-prohibitive as compared to the costs of litigation. If the mass arbitration fee schedule of the administrator applies, such fee schedule will take precedence over any other statement in these Terms to the extent required by the administrator. We shall pay the administrator's hearing fees for one full day of arbitration hearings. Fees for hearings that exceed one day will be paid by the party requesting the hearing, unless the administrator's rules or applicable law require otherwise, or you request that we pay them and we agree to do so. Each party shall bear the fees and expenses for their respective attorneys, experts, and witnesses, and for preparation and presentation of evidence at the arbitration, except as otherwise required by law. If a statute gives you the right to recover any of these fees, these statutory rights shall apply in the arbitration notwithstanding anything to the contrary herein.
Within 30 days of a final award by the arbitrator, any party may appeal the award for reconsideration by a three-arbitrator panel selected according to the rules of the arbitration administrator. In the event of such an appeal, any opposing party may cross-appeal within 30 days after notice of the appeal. The panel will reconsider de novo all aspects of the initial award that are appealed. Costs and conduct of any appeal shall be governed by this Arbitration Provision and the administrator's rules, in the same way as the initial arbitration proceeding. Any award by the individual arbitrator that is not appealed, and any panel award on appeal, shall be final and binding, except for any appeal right under the Federal Arbitration Act ("FAA"), and may be entered as a judgment in any court of competent jurisdiction.
YOU AND EYEBALLER EACH AGREE THAT NO ARBITRATION SHALL PROCEED ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS (INCLUDING AS PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHERS), EVEN IF THE CLAIM OR CLAIMS THAT ARE THE SUBJECT OF THE ARBITRATION HAD PREVIOUSLY BEEN ASSERTED (OR COULD HAVE BEEN ASSERTED) IN A COURT AS CLASS, REPRESENTATIVE, OR COLLECTIVE ACTIONS IN A COURT. The arbitrator will have the power to grant declaratory or injunctive relief, whether interim or final, only in favor of you individually and only to the extent necessary to provide relief warranted by your individual claim without affecting other customers of Eyeballer. Nothing in these Terms will prevent you from seeking public injunctive relief separately from arbitration in court, and any such application will not be deemed incompatible with the agreement to arbitrate or as a waiver of the right to arbitrate your individual claims. You and we agree that any claims for damages and/or any relief other than public injunctive relief must be heard in arbitration first, with any claims seeking a remedy of public injunctive relief in court proceeding only after the arbitration of all arbitrable Claims, and any claims or portions of claims seeking a remedy of public injunctive relief will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act. If you file a lawsuit in court seeking public injunctive relief before meeting the preconditions of the Mandatory Informal Dispute Resolution process or the agreement to arbitrate, you will be waiving your right to seek damages from Eyeballer or its affiliates relating to any Claims governed by these Terms. Unless consented to in writing by all parties to the arbitration, no party to the arbitration may join, consolidate, or otherwise bring claims for or on behalf of two or more individuals or unrelated corporate entities in the same arbitration unless those persons are parties to a single transaction. In accordance with the applicable arbitration rules, or upon motion of one or more interested parties, and after providing all other interested parties an opportunity to be heard, the arbitrator, including any Process or Procedural Arbitrator, may, at their discretion, coordinate more than one arbitration proceeding initiated under this Arbitration Provision, in order to promote efficiency in discovery and to avoid inconsistent legal rulings. In the interest of clarity, any coordination under the preceding sentence will be limited only to currently-pending arbitrations initiated under this Arbitration Provision, and the arbitrator may not preside over any form of a representative or class proceeding. All parties will retain the right to request an individualized hearing. The Process or Procedural Arbitrator may, at their discretion, determine that any mass arbitration should proceed first by hearing and issuing decisions on a limited number of bellwether claimants followed by mediation of any remaining claimants before additional arbitration demands may be filed and, to facilitate the bellwether process, may enjoin the filing of additional arbitration demands or order that no such demands be accepted for filing pending completion of the bellwether hearings and mediation. If an order is issued enjoining the filing of additional arbitration demands or providing that such demands not be accepted for filing by the administrator, then the statutes of limitations applicable to the claims in the arbitration demands that cannot be filed as a result of that order shall be tolled while the order is pending, and the duration of the order shall be no longer than one year. Unless consented to in writing by all parties to the arbitration, an award in arbitration shall determine the rights and obligations of the named parties only, and only with respect to the claims in arbitration, and shall not (a) determine the rights, obligations, or interests of anyone other than a named party, or resolve any Claim of anyone other than a named party; nor (b) make an award for the benefit of, or against, anyone other than a named party. No administrator or arbitrator shall have the power or authority to waive, modify, or fail to enforce this Section 9.8, and any attempt to do so, whether by rule, policy, arbitration decision or otherwise, shall be invalid and unenforceable. Any challenge to the validity of the prohibition in this Section 9.8 from proceeding in arbitration on a class, representative or collective basis shall be determined exclusively by a court and not by the administrator or any arbitrator.
This Arbitration Provision shall survive the termination of this Agreement. If any portion of this Arbitration Provision other than the prohibition on bringing class or collective actions in arbitration as set forth in Section 9.8 is deemed invalid or unenforceable, the remaining portions of this Arbitration Provision shall nevertheless remain valid and in force. If there is a final judicial determination that applicable law precludes enforcement of this Arbitration Provision's limitations as to a particular claim for relief or particular term, then that claim (and only that claim) or that term (and only that term) must be severed from the Arbitration Provision and may be brought in court. If an arbitration is brought on a class, representative, or collective basis, and the limitations on such proceedings in Section 9.8 are finally adjudicated pursuant to the last sentence of Section 9.8 to be unenforceable, then no arbitration shall be had. In no event shall any invalidation be deemed to authorize an arbitrator to determine Claims or make awards beyond those authorized in this Arbitration Provision.
Except as otherwise required by applicable law, in the event that this Arbitration Provision is found not to apply to, or not be enforceable with respect to, you or your Claim, you and Eyeballer agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Miami-Dade County, Florida, USA, and, if any judicial proceeding is brought elsewhere, it shall be transferred to a court located in Miami-Dade County, Florida, USA. Both you and Eyeballer consent to venue and personal jurisdiction there. To the extent permitted by applicable law, we both agree to waive our right to a jury trial.
THE PARTIES ACKNOWLEDGE THAT THEY HAVE A RIGHT TO LITIGATE CLAIMS THROUGH A COURT BEFORE A JUDGE OR JURY, BUT WILL NOT HAVE THAT RIGHT IF ANY PARTY ELECTS ARBITRATION PURSUANT TO THIS ARBITRATION PROVISION. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THEIR RIGHTS TO LITIGATE SUCH CLAIMS IN A COURT BEFORE A JUDGE OR JURY UPON ELECTION OF ARBITRATION BY ANY PARTY.
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe in good faith that any materials accessible on or from this website (the "Site") infringe your copyright, you may request removal of those materials (or access to them) from the Site by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
Our designated Copyright Agent to receive DMCA Notices is:
Attn: Legal
Eyeballer LLC
111 NE 1st St., Suite 8125
Miami, FL 33132
support@eyeballer.ai
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
If you believe that material you posted on the Site was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a "Counter-Notice") by submitting written notification to our Copyright Agent (identified above). Pursuant to the DMCA, the Counter-Notice must include substantially the following:
Completed Counter-Notices should be sent to:
Attn: Legal
Eyeballer LLC
111 NE 1st St., Suite 8125
Miami, FL 33132
support@eyeballer.ai
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten (10) business days of receiving the copy of your Counter-Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Site was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
This Site is operated by Eyeballer LLC and is governed by the laws of the State of Florida, USA (including these Terms). No joint venture, agency, partnership, or employment relationship is created by you and Eyeballer through these Terms or your use of this Site.
Our performance under these Terms is subject to applicable laws and legal process. These Terms do not limit our right to comply with law enforcement or governmental requests related to your use of this Site. You agree to bring any claims arising from your access or use of this Site within two years from the date the claim arose, or else the claim will be irrevocably waived.
A party's failure to act with respect to any right or obligation under these Terms will not be construed as a waiver of that right or obligation. If any part of these Terms is found to be invalid or unenforceable, it will be replaced by a valid provision that closely reflects its intent, and the remaining provisions will remain in effect.
These Terms constitute the entire agreement between you and Eyeballer regarding this Site, replacing all prior communications and proposals. A printed version of these Terms or any electronic notice will be admissible in legal proceedings just like other business documents.
Fictitious names of companies, products, people, characters, and/or data mentioned on this Site are not intended to represent any real individual, company, product, or event.
Any rights not expressly granted herein are reserved.
There are no third-party beneficiaries to these Terms.
The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with Eyeballer's prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void. We may translate these Terms into other languages for your convenience. Nevertheless, the English version governs your relationship with Eyeballer, and any inconsistencies among the different versions will be resolved in favor of the English version available here.
Eyeballer reserves the right to modify or update these terms at our sole discretion, at any time, for any or no reason, and without notice or liability.
For answers to your questions or ways to contact us, reach us at support@eyeballer.ai or you can write to us at:
Eyeballer LLC
111 NE 1st St., Suite 8125
Miami, FL 33132
Last Updated on April 15, 2024.
The following terms ("Business Terms"), in addition to the Terms of Service above, govern your access to and use of the account created for the purpose of promoting or advertising your product or service ("Business Account." In the event of any conflict between these Business Terms and the Terms of Service, the Business Terms apply. If you have purchased products or services from Eyeballer on behalf of your business (e.g., advertising or business tools), the terms and service order of that purchase, including the Business Master Services Agreement apply in the event of any conflict with these Business Terms. Capitalized words used but not defined in these Business Terms have the meanings described in the Terms of Service. By creating, accessing, or using your Business Account, you are agreeing to these Business Terms and concluding a legally binding contract with Eyeballer. You are not authorized to create, access, or use a Business Account if you do not agree to these Business Terms.
PLEASE READ THESE BUSINESS TERMS CAREFULLY AS THEY REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
In the event of any termination of these Business Terms, whether by you or us, these Business Terms in their entirety will continue in full force and effect.
Eyeballer allows consumers to post Content about your Business, including photos, ratings, and reviews. You understand and acknowledge that Eyeballer employs automated software in an effort to showcase the most reliable and useful reviews while displaying other reviews less prominently ("Recommendation Software"). You understand and acknowledge that while Eyeballer uses its Recommendation Software to identify potentially less helpful reviews, the Recommendation Software may sometimes suppress legitimate reviews or fail to detect illegitimate reviews. You understand and acknowledge that any purchase of advertising or other paid features from Eyeballer will not influence the Recommendation Software or otherwise allow or enable You, directly or indirectly, to alter reviews or impact whether, where, or how reviews appear on Eyeballer.
The following Sections 14 and 15 apply if you are a resident of the United States or Canada only:
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE EYEBALLER ENTITIES TO YOU. FOR CLARITY, THE BELOW APPLIES IN ADDITION TO THE DISCLAIMERS AND LIMITATIONS OF LIABILITY DETAILED IN SECTION 4 OF THE TERMS.
The federal Communications Decency Act (47 U.S. Code § 230) limits the liability of interactive computer services, like Eyeballer, for their role in publishing third-party Content, including consumer reviews. Additionally, anti-SLAPP laws, such as Cal. Civ. Proc. Code § 425.16 in California, may require you to pay Eyeballer's attorneys' fees if you attempt to impose such liability on Eyeballer through legal proceedings.
FOR CLARITY, THIS SECTION GOVERNS ANY BUSINESS CLAIM BROUGHT BY YOU OR EYEBALLER. ANY CLAIM NOT SUBJECT TO THIS SECTION IS INSTEAD GOVERNED BY SECTION 9 OF THE TERMS.
Any dispute relating to or arising out of these Terms will be decided through binding arbitration governed by and enforceable under the Federal Arbitration Act ("FAA") and conducted by three neutral arbitrators from JAMS Miami, Florida and under JAMS Arbitration Rules & Procedures, with one arbitrator chosen by each of the parties and the third appointed by the other two arbitrators. The award rendered by the arbitrators will be final and binding on the parties, and judgment may be entered by any court of competent jurisdiction. Nothing in this Section will prevent either party from applying to a court of competent jurisdiction for equitable or injunctive relief. This Agreement is governed by, and the arbitrators will apply the substantive laws of, the State of Florida without regard to its choice or conflict of laws rules. Both parties irrevocably waive their right to a jury trial. The arbitrator will apply substantive law consistent with the FAA and applicable statutes of limitations. The arbitrator may award damages or other types of relief permitted by applicable substantive law. The arbitrator will not be bound by judicial rules of procedure and evidence that would apply in a court. The arbitrator shall take steps to reasonably protect confidential information.
"Excluded Business Claims" means any claim, controversy, or cause of action: (i) arising from any act in furtherance of a person's right of petition or free speech under the United States Constitution or the California Constitution; (ii) related to intellectual property (like patents, copyrights, moral rights, trademarks, and trade secrets and other confidential or proprietary information, but not privacy or publicity rights); or (iii) arising from violations of of the Terms of Service or the Business Terms.
Business Claims shall be heard by a single arbitrator with exclusive authority to (i) determine the scope and enforceability of this Arbitration Agreement, and (ii) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable and whether a claim is subject to arbitration. Arbitrations will be held in Miami, Florida, but the parties may choose for themselves whether to appear in person, by phone, or through the submission of documents. The arbitration shall be governed by the laws of the State of Florida. The prevailing party shall be entitled to an award of reasonable attorneys' fees. Any judgment on the award(s) rendered by the arbitrator may be entered in any court of competent jurisdiction.
NOTWITHSTANDING THE FOREGOING, FOR ANY BUSINESS CLAIM THAT IS NOT SUBJECT TO ARBITRATION, INCLUDING WITHOUT LIMITATION EXCLUDED BUSINESS CLAIMS, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN MIAMI-DADE COUNTY, FLORIDA, WHICH IS THE PLACE OF PERFORMANCE OF THESE BUSINESS TERMS.
YOU AND EYEBALLER AGREE THAT EACH MAY BRING OR PARTICIPATE IN BUSINESS CLAIMS AGAINST THE OTHER ONLY IN THEIR RESPECTIVE INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. UNLESS BOTH YOU AND EYEBALLER AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE BUSINESS CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IF A BUSINESS CLAIM IMPLICATES THIS SECTION, AND THIS SECTION IS FOUND TO BE INVALID, UNENFORCEABLE OR ILLEGAL BY A COURT, SUCH BUSINESS CLAIM MUST BE ADJUDICATED BY A COURT AND NOT BY AN ARBITRATOR.