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Terms of Use

Last Updated: April 8, 2025

1. Welcome to Keep an eye

Keep an eye is designed to allow users to get reminded about and make exercises for eyes’ relaxation through a mobile application, developed by Raman Yankovich (address: Hoppegarten, Köpenicker Allee 26, 15366, Germany) available in the app stores (apps for Android and iOS) (hereinafter referred to as “we, us, our” or “Keep an eye”).

These Terms of Use (“Terms”) are applicable mobile applications (“Apps”), all owned and operated by Keep an eye, and from or in connection with which you are accessing these Terms (“Service”).

2. Accessing the services

By using the Service or accessing any content or material that is made available by Keep an eye through the Service, you confirm that:

  1. you are either at least 18 years old or, if you are younger than 18, that you have the permission of your parent or legal guardian;

    1. you have read, understood, and agree to be bound by these Terms, including any future modifications;

    2. you also agree to Privacy Policy.

Keep an eye reserves the right to make changes to the Terms from time to time. Keep an eye will post all changes on this page and will indicate at the top of this page the date these Terms were last updated.

If you do not agree to comply with these Terms, please do not use, access or continue to use the Service.

3. No Medical Advice

Keep an eye provides the Service to help to relax the eyes. You acknowledge and agree that

  1. Keep an eye does not provide medical advice through the Service;

    1. the Service is provided for entertainment and general educational purposes only and is not a substitute for medical advice;

    2. Service is not intended to diagnose, treat, cure, or prevent any disease.

IF YOU HAVE ANY EYE DISEASE, MEDICAL OR HEALTH-RELATED QUESTIONS OR IF YOU EXPERIENCE A MEDICAL EMERGENCY, PLEASE DO NOT USE SERVICE AND CONSULT WITH A MEDICAL PROFESSIONAL AS SOON AS POSSIBLE.

Keep an eye is not responsible for any health or medical problems that may result from your use of the Services. You agree that you are voluntarily participating in the Services and do so at your own risk.

4. Signing up for Services

In order to use the Services you must create an online profile by providing a username and any other information Keep an eye may require from time to time. You are responsible for maintaining the confidentiality of any information associated with your use of the Services and you are fully responsible for all activities that occur in the App from your device. Keep an eye does not store any user profile data. The data on your progress remains solely on your device, and you are responsible for its management.

5. Privacy Policy

Keep an eye respects the privacy of its users. For details please see Privacy Policy hereby incorporated by reference into these Terms. By using the Service, you consent to our collection and use of personal data as outlined therein. ‍

6. Service Plans

Keep an eye offers:

  1. the basic version of the Services which can be used free of charge and includes 5 basic exercises, one exercise can be performed per day (one time per day);

    1. premium versions, features or functionality of the Services (e.g., premium exercises, unlimited access, an ad-free experience) for a fee (the “Unlimited Access”).

Keep an eye reserves the right to change or withdraw features, specifications, services and content of a Service Plan at any time, without notice to you.

7. Unlimited Access

By signing up for and using the Unlimited Access, including signing up for Free Trials (as defined below), you agree:

  1. to pay any fees or other incurred charges that apply to the Unlimited Access (such as subscription fees);

    1. that purchases of Unlimited Access are final and non-refundable.

Keep an eye reserves the right to:

  1. update prices for Unlimited Access at any time by posting the new prices on or through the applicable Unlimited Access. If you do not wish to pay the new prices, you can cancel the applicable Unlimited Access prior to the change going into effect;

    1. disable or terminate your Unlimited Access without notice if you do not pay the fees or charges due for your use of the Unlimited Access.

8. Payment Method

When you sign up for Unlimited Access, you must designate and provide information about your preferred payment method (“Payment Method”). This information must be complete and accurate, and you are responsible for keeping it up to date.

You expressly authorize Keep an eye to collect via automatic debit or ACH from your Payment Method the appropriate fees charged for the Unlimited Access and for any other purchases you elect to make via the Services.

In no event will Keep an eye be responsible for the actions or inactions of any third party payment processor, including, but not limited to, system downtime or payment service outages.‍

9. Payment date

Unless otherwise stated, all fees due for the Unlimited Access are payable in advance, and will be billed automatically to the Payment Method at the start of the monthly or annual Unlimited Access period, as applicable.

Unless otherwise stated, Unlimited Access will auto-renew until you elect to cancel your Unlimited Access.

10. Cancellation of Unlimited Access

You can manage your subscription, cancel it, or turn off automatic renewals through your Apple App Store, or Google Play Store account. Please note that uninstalling the App will not cancel your subscription.

The cancellation of a Unlimited Access will enter into effect at the end of your current billing period, and you will have the same level of Unlimited Access through the remainder of such billing period.

11. Free Trial

A free trial (“Free Trial”), as can be offered by Keep an eye, provides you Unlimited Access for a period of time, with details specified when you sign up for the offer.

In order to sign up for a Free Trial, you may need to provide Keep an eye with your preferred Payment Method. As soon as you submit your payment details, your Free Trial will begin.

You will not be charged until 24 hours prior to the Free Trial expiry. Unless you cancel at least 24 hours before the end of the Free Trial, your Unlimited Access will automatically continue and you will be billed the applicable fees for that Unlimited Access using the Payment Method you provided.

In order not to continue with Unlimited Access at the regular price, you must cancel your subscription at least 24 hours prior to the Free Trial expiry. In case of cancellation you will lose Unlimited Access at the end of the Free Trial period.

You may not sign up for more than one Free Trial at the same time, and Keep an eye reserves the right to limit your ability to take advantage of multiple Free Trials.

Keep an eye reserves the right, in its absolute discretion, to modify or terminate any Free Trial offer, your Unlimited Access during the Free Trial, or any of these Terms without notice and with no liability.

12. Discount, Coupon or Gift Codes

All discounts, gift and coupon codes can only be applied when subscribing to Unlimited Access and cannot be combined with any other cash-off price, sales, promotion or coupon, and cannot be exchanged, refunded, replaced or redeemed for cash or payment of accounts.

It is your own responsibility:

  1. to use a discount, coupon or gift code before it expires, expired codes cannot be refunded or extended.

    1. to terminate the Unlimited Access before the end of a free or discounted period if you do not want to continue with a Unlimited Access at the regular price.

Additional terms and conditions presented to you along with specific discount, gift and coupon codes may also apply to your access to the Service and you agree to comply with any such terms and conditions.‍

Keep an eye reserves the right to cancel discounts and coupon promotions at any time.

13. Responsible use and conduct

By using the Service or accessing any content or material that is made available by Keep an eye through the Service, you agree not to use the Service to conduct any activity or transmit any content that:

  1. is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable;

    1. you do not have a right to transmit under any law or under contractual or fiduciary relationships;

    2. infringes any intellectual property or other proprietary rights of any party;

    3. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

    4. in the sole judgment of Keep an eye, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Keep an eye or its users to any harm or liability of any type;

    5. impersonates any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

    6. solicits personal information from anyone under the age of 18;

    7. harvests or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;

    8. advertises or offers to sell or buy any goods or services for any business purpose that is not specifically authorized;

    9. interferes with or disrupt the Service or servers or networks connected to the Service, or disobeys any requirements, procedures, policies or regulations of networks connected to the Service;

    10. violates any applicable local, state, national or international law, or any regulations having the force of law;

    11. promotes any criminal activity or enterprise or provides instructional information about illegal activities;

    12. uses any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service; or

    13. obtains or attempts to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.

14. User Liability

You are solely responsible for any consequences, losses, or damages that Keep an eye may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.

Keep an eye has the right at its sole discretion to take appropriate action where, in its judgment, your behavior is regarded as violation of clause 10 (Responsible use and conduct). You understand and agree that in the event of such a violation Keep an eye may immediately terminate or suspend your activity in the App.‍

To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless Keep and eye and its affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of clause 10 (Responsible use and conduct). Keep an eye reserves the right to take over the exclusive defense of any claim for which Keep an eye is entitled to indemnification under this clause. In such an event, you shall provide Keep an eye with such cooperation as is reasonably requested by it.

15. Intellectual Property Rights

15.1. Licence

Subject to your compliance with these Terms, Keep an eye grants you a limited, personal, non-transferable, non-sublicensable, worldwide and non-exclusive licence to use Software and Content (as defined below) for the exclusive purpose of using the Service for your own personal, non-commercial use.

15.2. Software and Content

All of the content available through the Service (including the right to sue for passing off, design rights, reports, data, databases, tools, code, photographs, pictures, video, interfaces, web-pages, designs, text, graphics, images, information, software (“Software”), audio and other media files, their selection and arrangement, materials and all other intellectual property rights are owned by Keep an eye or are licensed to Keep an eye by a third party (“Content”).

You agree:

  1. not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or Content, in whole or in part, except as expressly authorized by Keep an eye;

    1. not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software.

Any rights not expressly granted herein are reserved by Keep an eye.

15.3. Trademarks and goodwill

The Keep an eye name and all other logos, marks, and identifiers are intellectual property of Keep an eye. To the extent that there are trademarks, service marks and/or logos from other organisations on our Apps, they are the trademarks, service marks and logos of those respective organisations. You are granted no general right or commercial license with respect to trademarks, service marks and logos of Keep an eye or of the trademarks, service marks or logos of those other organisations.

All goodwill generated from the use of logos, marks, and identifiers of Keep an eye will inure to Keep an eye exclusive benefit. You agree not to delete or alter any copyright, trademark, or other proprietary rights notice from any part of the Service.

16. Third Party Material

The Service may contain third-party owned content and links to other websites, including Google ("Third Party Websites"). Keep an eye does not endorse, sponsor, recommend, or otherwise accept responsibility for any Third Party Websites. In addition, Third Party Websites are not under control of Keep an eye and Keep an eye is not responsible for the content or privacy practices of the Third Party Websites, including, without limitation, links contained on Third Party Websites or any changes or updates to Third Party Websites. Keep an eye may provide third party content and Third Party Websites to you only as a convenience, and the inclusion of such third party content and Third Party Websites is not an endorsement by Keep an eye in favour of any third party.

You further acknowledge and agree that Keep an eye shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through Third Party Websites. Keep an eye has no responsibility for the content on Third Party Websites that you may find or access when using the Service. Content available on or through Third Party Websites may be protected by copyright and the intellectual property laws of any country.‍

17. User Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information on the Service, provided by you to Keep an eye are non-confidential and Keep an eye shall be entitled to the unrestricted use and dissemination of these submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

18. Disclaimer of Warranties

Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis. Keep an eye expressly disclaims all warranties of any kind, whether express, implied or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

Keep an eye makes no warranty that:

  1. the Service will meet your expectations and requirements;

    1. the Service will be uninterrupted, timely, secure, or error-free;

    2. the Service will be free of viruses and other destructive code;

    3. the results that may be obtained from the use of the Service will be accurate or reliable;

CONTENT AVAILABLE BY USE OF SERVICES IS PROVIDED FOR GENERAL INFORMATION ONLY. IT IS NOT INTENDED TO AMOUNT TO MEDICAL OR OTHER ADVICE ON WHICH YOU SHOULD RELY.

19. Limitation of Liability

To the fullest extent permitted by applicable law, you expressly acknowledge and warrant that Keep an eye shall not be liable for any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits including but not limited to, damages for loss of goodwill, use, data or other intangible losses (even if Keep an eye has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability or otherwise, resulting from:

  1. the use or the inability to use the Service;

    1. the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service;

    2. unauthorized access to or alteration of your transmissions or data;

    3. statements or conduct of any third party on the Service;

    4. any other matter relating to the Service.

The maximum aggregate liability of Keep an eye to you shall, to the fullest extent permitted by applicable law, not exceed the total amount paid by you to Keep an eye in the last 6 (six) months, or, if greater, $100 (one hundred dollars). This limit will not increase according to the number of claims brought by you. If no amount has been paid by you to Keep an eye, you shall not be entitled to any damages of any kind.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or theTerms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

If you have a dispute with another user relating to, arising from, or in any way connected with use of the Services, you release Keep an eye from all claims, demands and damages of any kind or nature arising out of or in any way connected with such dispute.‍

20. Termination

Keep an eye may in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that:

  1. any termination of your access to the Service under any provision of this Terms may be effected without prior notice;

    1. Keep an eye shall not be liable to you or any third-party for any termination of your access to the Service.

21. Miscellaneous

21.1. Indemnification

You agree to indemnify and hold Keep an eye, its officers, employees, contractors, suppliers, affiliates, agents and licensors harmless from any losses, damages, cost, expense (including reasonable legal fees) or other liability, arising out of any claim, demand, allegation or proceeding brought by any third party due to, or arising out of your use of the Service, your connection to the Service, your breach of the Terms, or your violation of any rights of another person or entity.‍

21.2. Severability and waiver

If any provision of the Terms is held invalid or unenforceable for any reason or to any extent, such invalidity or unenforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Terms, and the application of that provision shall be enforced to the extent permitted by law.

The failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

21.3. Entire Agreement

You agree that these Terms represent the entire understanding between Keep an eye and you and these Terms supersede any previous agreements, promises, assurances, warranties, representations and understandings, whether written or oral, between Keep an eye and you.

21.4. Sections

The section titles in the Terms are for convenience only and have no legal or contractual effect.

21.5. Assignment

You may not assign the Terms without the prior written consent of Keep an eye. Keep an eye may assign or transfer the Terms, in whole or in part, without restriction.

21.6. Language

These Terms were originally written in English. To the extent any translated version of this agreement conflicts with the English version, the English version prevails.

21.7. Governing Law and Jurisdiction

These Terms shall be construed and governed in all respects by English law. Any action shall be brought in the courts located in Berlin, Germany. You hereby agree to the jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

21.8. Contacts

Please contact us at [email protected] to pose any questions regarding these Terms or the Service.