Be My Eyes Terms of Service

Effective February 12, 2026 for all new users and visitors.
Effective March 1, 2026 for all users with an account created before February 12, 2026.

In this update:

We made the presence of visual formatting elements more accessible for screen readers or other text-to-speech solutions.
We rearranged the order of and modified the language of some essential terms.
We added terms, including new express restrictions, addressing the safe use of artificial intelligence and Be My AI.

Please note: These Terms of Service contain text that appears in bold face type for emphasis. For individuals using screen readers or other text-to-speech solutions to read these Terms, we have identified the emphasized words or passages by placing two asterisks at the beginning and at the end of such text.

Welcome to Be My Eyes!

Thank you for joining the Be My Eyes community! Be My Eyes connects blind and low-vision users with volunteers who can provide visual interpretation of smartphone images, to companies that provide them with services or employ them, and to artificial intelligence (“AI”) tools that analyze and describe images submitted by our users.

These Terms of Service (“Terms of Service”) set out the terms under which you are allowed to use, and under which Accessibly Inc. (“Be My Eyes,” “we,” “us,” or “our”) will provide, the Be My Eyes mobile application(s), desktop application(s), service(s), community forum(s), and website(s) (each a “Service” and together, the “Services”).

These Terms of Service do not apply to Be My Eyes Workplace or Be My Eyes Workplace + services, which have their own terms. For more information about either of these services, please click here.

You must be at least 18 years old to use any of the Services.

This is a legal agreement, so please read these Terms of Service carefully to ensure that you understand each provision.

By accessing or using any of our services, or by expressly accepting these Terms Of Service, you:

agree to be bound by these Terms of Service;

consent to your data – including without limitation your personal data, video calls, images, and AI queries – being transferred to, processed in, and stored in the United States, even if you live elsewhere;

consent to Be My Eyes recording the video calls that you initiate or respond to using our Service;

agree to license, consent to the licensing of, and license those recordings to Be My Eyes and otherwise as described below under “Ownership of User Content” (if you are a volunteer) or “License of User Content” (if you are a blind or low-vision user);

consent that Be My Eyes and our third-party AI provider may process any images of people that you submit to Be My AI in ways that some jurisdictions may consider biometric scanning, as described below under “Processing of Facial Images.”

These Terms of Service contain a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions. You have the right to opt out of the binding arbitration and class action/jury trial waiver provision as described in the section below entitled “Disputes.”

If you do not grant the consents above and accept and agree to all the Terms of Service, you may not access or use any part of our Services.

Safety

Our Services are designed to help make the world more accessible, but no app – or human, for that matter – can do everything perfectly. Here are some commonsense safety guidelines we want to let you know up front.

Do not use Be My Eyes to cross the street. There are too many variables for volunteers or artificial intelligence to safely navigate street crossings.
To that point, our Services are not designed or intended to be used as a mobility aid: they are not a replacement for a white cane, human guide, dog guide or any other mobility aid that allows for safe travel, and you should never use them that way.
Our Services also are not designed or intended for medical or emergency use. If you are in an emergency, please call 911 (U.S.A.), 112 (E.U.) or the emergency services number where you live. This is a link to emergency services numbers around the world from Wikipedia. If you need medical care, please visit or contact your provider directly.
Be My AI is powered by artificial intelligence systems, and we all know they can make mistakes. Do not use Be My AI for any critical issue that could affect your health or safety (e.g., medication identification or dosing; checking for ingredients that could cause an allergic reaction).
We talk about this a lot below, but you should avoid sharing personal information, particularly addresses, financial information, health information, or anything else that you wouldn’t want a stranger to know.

Summary

These Terms of Service set the rules for how we interact with you, how you interact with other users, and how you can, and cannot, use the Services. The terms are intended to encourage positive use of the Services, to protect you, to protect Be My Eyes, and to allow us to act when it becomes necessary.

This section summarizes some of these terms, but it is not complete. You need to read through the entire Terms of Service to understand everything you are agreeing to.

When you use our Services:

We have a Privacy Policy, and you can read it by clicking this link.
You agree to treat each other, and Be My Eyes, with basic respect.
You grant Be My Eyes the consents and permissions set out at the beginning of these Terms of Service.
You own the content that you create or post, including – if you are a blind or low-vision user – images and video chats, and you are responsible for that content.
But you license the content, including images and recordings of your video chats, to Be My Eyes so that we can use it as described in our Privacy Policy. And you agree not to sue us if we do use it.
You can’t use the Services to break the law, mistreat people, or transmit or post inappropriate content (in other words, this is not the Dark Web).
You cannot download, sell, resell or use Be My Eyes for any commercial purposes without a separate written agreement with us.
If you are blind or have low vision then you are eligible to use Be My Eyes’ Services to connect to a volunteer, customer support, or Be My AI, our AI Services. If you are not blind or have low vision, we value your participation in Be My Eyes as a volunteer visual interpreter.
You agree not to use Be My Eyes or Be My AI in critical situations that could put you at risk of loss or injury.
No trolls allowed.
There are terms that limit our liability for how our Service is used and limit your options if you have a dispute with us.

Services

Be My Eyes’ core Call a Volunteer Service connects blind and low-vision users with volunteers via live video chat, so the volunteers can assist those users. The video stream is one-way – that is, the blind or low-vision user creates the video stream that the volunteer receives. But the audio stream is two-way so that the blind or low-vision user can converse with the volunteer and hear the volunteer describe the video or image content.

Our AI service – Be My AI – allows blind and low-vision users to use artificial intelligence tools to analyze and describe the images (and maybe, someday, video) that they submit.

Our Customer Accessibility Suite allows blind and low-vision users to connect directly with companies that provide our users with visually-assisted customer support using the same one-way video, two-way audio connection and other optional tools, including AI.

Be My Eyes for Windows and Be My Eyes for MacOS (collectively the “Be My Eyes Work Tools”) provide AI and image processing from clipboards, screens, and cameras for blind and low-vision workers to use with their existing work tools.

Call a Volunteer, Be My AI, the Customer Accessibility Suite, and the Be My Eyes Work Tools are our “App Services.” Be My Eyes provides the platform to power and support these App Services. We do not create or pre-screen the videos, images, or other data transmitted through our App Services. We are not and cannot be responsible for the content being shared using our App Services.

Your access to and use of our websites – where we share information about our Services including blog posts, user stories, white papers, and other information – is also governed by these Terms of Service.

Be My Eyes reserves the right to make unilateral modifications to these Terms of Service at any time, without your consent, and you agree that we may do so. Be My Eyes will send notice of material modifications to your email address on file with us. These revisions will also be posted here and on our Services, so please check back often for updates. Revisions will take effect when posted unless stated otherwise.

Use of the Services

Subject to your agreeing to comply and complying with these Terms of Service, Be My Eyes grants you permission to access and use the Services as a blind user, low-vision user, volunteer, or visitor as applicable. This permission will automatically end if you violate these Terms of Service, and Be My Eyes may withdraw or end this permission in whole or in part at any time and for any reason.

If you live outside the United States or use our Services at any time from outside the United States, your data – including video streams and Be My AI submissions and queries – will be transferred to, processed in, and stored in the United States.

If you register for or use one or more of our App Services, you are solely responsible for maintaining the confidentiality and security of your account credentials, including your username, password, and any other information used to access the Service. You agree that you will not share your login information with any third party and will take all reasonable steps to prevent unauthorized access to your account.

You also are fully responsible for all activities that occur under your account, whether you authorized them or not. If you believe your account has been accessed without your permission, you must notify us immediately. We are not liable for any loss or damage arising from your failure to keep your account information secure or to promptly notify us of unauthorized use.

You are solely responsible for your interaction with other users of App Services, whether online or offline. You agree that Be My Eyes is not responsible or liable for the conduct of any user or the content of any picture, audio, or video stream you create or access via an App Service. Be My Eyes reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. You must exercise common sense and your best judgment when interacting with others, including when you submit or post User Content (defined below) or any personal or other information.

You agree that you are responsible for all data, telecommunications and/or other third party charges you incur to use any of our Services.

Reporting Abuse or Misuse of our Services

Some of our Services directly connect users with volunteers and companies to provide visual interpretation assistance for blind and low-vision users. We hope and trust that every user will be respectful of each other, particularly given our mission. But we recognize that this may not always be the case, and that some users may abuse our Services. If you witness or are subject to misuse or abuse of our Services, please let us know about it immediately at [email protected].

Ownership of User Content

When you use our Services to create or transmit a video or picture; post data, graphics or a written message of any kind; submit an image or query to Be My AI; or interpret a video stream for another user, you are creating “User Content.” User Content may include data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials that you submit, show, post or display on or via the Services.

The video chats that connect blind or low-vision users to volunteers through our Services are a type of User Content. The blind or low-vision user who starts a video chat (the “Video Maker”) is the creator and owner of that User Content. If you participate in a video chat but are not the Video Maker, then, and to the extent applicable law gives you any ownership right in the content of the video chat and/or the stored video resulting from the video chat, you hereby assign all your rights, title and interests in and to that video chat to the Video Maker. You also hereby consent to the license that the Video Maker grants to Be My Eyes under these Terms of Service.

As a Video Maker, you own all the User Content you create or post, including the videos resulting from video chats that you start. If you are not a Video Maker, you own all the User Content you create or post except that you do not own the videos resulting from video chats that you participate in.

You are solely responsible for your User Content. By using the Services to create or post User Content, you represent and warrant that you (i) are the original creator, owner, or licensee of the User Content, and (ii) that you have the right, power and authority to post that content and grant the licenses specified below. You also represent and warrant the User Content you create or post will not violate third-party rights of any kind, including without limitation any copyrights, rights of publicity and privacy rights. You agree to pay for all royalties, fees, and any other money that may be owed because of any User Content you show or display through the Service.

License of User Content

You hereby grant to Be My Eyes, and Be My Eyes hereby accepts from you, a royalty-free, sub-licensable, transferable, perpetual, irrevocable, exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, commercialize, and make derivative works of your User Content, including your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for any purpose in connection with the Services and Be My Eyes (and its successors’ and affiliates’) business.

You also hereby grant other Be My Eyes users a limited, non-exclusive license to access your User Content through the Services, and to use and display such User Content, only to the extent permitted through the normal functionality of the Services and subject to all applicable provisions of the Terms of Service.

Finally, you waive any rights to inspect or approve of any use of your User Content, including without limitation for any uses described in our Privacy Policy, for marketing materials, and/or for promotional materials. You also waive all privacy rights, publicity rights, and any other similar rights in connection with recorded video chats, other User Content, and any portion of either. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any or all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any recorded video chats or other User Content.

Ownership of Be My Eyes Services and Content

Notwithstanding anything to the contrary in these Terms of Service, you agree that Be My Eyes and its suppliers have and will retain all rights, title and interests (including, without limitation, all patent, copyright, trademark, trade secret and other intellectual property rights) in and to the Services and each of them, including without limitation content owned or licensed by Be My Eyes (“Be My Eyes Content”), Be My Eyes trademarks, and Be My Eyes service marks (all of that, collectively, the “Services IP”), and all copies, modifications and derivative works of the Services IP. You acknowledge and agree that you are obtaining only a limited right to use the Services IP, and that irrespective of any use of the words “purchase”, “sale” or like terms in these Terms of Service or elsewhere, no ownership rights are being conveyed to you under these Terms of Service or otherwise. Nothing contained in these Terms of Service or elsewhere in the Services should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Be My Eyes or by any third party.

Customer Accessibility Suite

The Be My Eyes Customer Accessibility Suite allows blind and low-vision users to get visual interpretation from companies whose products and services they use every day. When you use any of our Customer Accessibility Suite services, your interaction with the company you are reaching out to will also be subject to their privacy policy and terms of service.

Your interactions with a Customer Accessibility Suite company are strictly between you and that company. Be My Eyes does not control and is not responsible for any advice, data, information, or content provided to you by a Customer Accessibility Suite company. We also are not responsible for any actions taken or not taken by such companies.

Be My Eyes disclaims all liability for your interactions with a Customer Accessibility Suite company, and you hereby waive any claim you may have against Be My Eyes that comes from or relates in any way to an interaction with a Customer Accessibility Suite company.

Be My AI

Be My AI allows blind and low-vision users to use artificial intelligence tools to analyze images and describe those images (the “Output”). The images are processed by a third party, as described in our Privacy Policy. By using Be My AI, you give Be My Eyes your express permission and consent to provide the images you upload and queries you generate to third parties for processing, analysis, and storage in the United States, and you agree that Be My Eyes can use the images for any other use related to improving Be My AI or other Be My Eyes services. AI images are not used to develop other artificial intelligence products and services.

Safety – **Be safe.** Despite rapid and consistent advances in AI systems, they can still make mistakes and “hallucinate.” Be My AI is not immune from that and may sometimes provide incorrect responses that do not accurately describe real people, places, or facts.

So we want you to **be safe.** You should evaluate the accuracy of any results as appropriate for your use case, including by using human / volunteer review – particularly if there is any doubt about accuracy on an important issue.

Among other common-sense things, being safe when you use AI means **you must not, and agree not to, rely on Be My AI:

for emergency issues;

for medical issues like reading a prescription dosage;

to determine if food contains ingredients that you are allergic to;

for any other critical purposes that could affect your health or safety;

to replace a white cane, guide dog, or other mobility aid;

or as the sole decision source for taking actions which may cause harm to you or anyone else.

If you ignore these prohibitions and violate our Terms, we strongly urge you to have a human review Be My AI results before making any decisions on what to do next.

Due to the nature of machine learning, output may not be unique across users and the service may generate the same or similar Output for other users. Use of the service may result in incorrect output that does not accurately reflect reality. You must evaluate the accuracy of any Output as appropriate for your use case, including by using human review of the Output. You understand and agree that the Output may contain “hallucinations” and may be inaccurate, objectionable, inappropriate, or otherwise unsuited to your purpose, and you agree (a) that neither Be My Eyes nor the companies that offer you access to our AI services for customer support or work support shall be liable for any damages that you or any third party alleges to incur as a result of or relating to any Output or other content generated by or accessed on or through the service; and (b) that you, on behalf of yourself and everyone connected with you, (i) waive all legal claims against Be My Eyes and such company(ies), and (ii) release Be My Eyes and such companies from all liability for any harm you suffer, in all cases in every jurisdiction around the world, including without limitation the jurisdiction(s) where you live and/or used Be My AI.

Processing of Facial Images. Some U.S. states and other jurisdictions have laws that may require consent for processing facial images through an AI system, so we want to have that consent. If you submit an image of yourself to our AI services, you agree and consent that Be My Eyes and our third-party AI provider may process that image, including in ways that may be considered biometric scanning in any applicable jurisdiction. If you intentionally submit an image of other people to our AI services, you represent and warrant to us that each such person has, in compliance with any applicable laws, given their permission and consent to you, to Be My Eyes, and to our third-party AI provider to process that image, including in ways that may be considered biometric scanning in any applicable jurisdiction.

If you do not consent to the processing of your face as described above, or if you do not have the permission of other people to process images of their face(s) as described above, then you agree not to upload any images of those faces, including your own.

Advertising

Some Services may be supported by advertising revenue and may display advertisements and promotions. You agree that Be My Eyes may place such advertising and promotions on our Services, including on, about, or in conjunction with your User Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you. You agree that you are not entitled to share in the revenue generated by advertising associated with your User Content.

You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.

Other Restrictions on Your Use of the Services

You agree **NOT** to do any of the following:

register as a blind or low-vision user if you are not blind or do not have low-vision;
use the Service for any critical purpose that could affect your health or safety;
use the Services as an emergency aid, a means of obtaining or providing emergency services;
post, create, or transmit violent, nude, partially nude, pornographic or sexually suggestive images, audio, text or other content via the Services;
post or create any discriminatory, unlawful, infringing or hateful images, audio, text or other content via Services;
solicit, collect or use the login credentials of other Service users;
use Services to defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate any person or entity;
remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in Services;
reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license, or otherwise exploit Be My Eyes Content;
use our Services as a replacement for a white cane, human guide, dog guide, or any other mobility aide that allows for safe travel;
use our Services for any illegal or unauthorized purpose;
frame or link to our Services except as permitted in writing by Be My Eyes;
attempt to reverse engineer or attempt to interfere with the operation of any part of the Services unless expressly permitted by law;
download, reproduce, duplicate, copy, sell, resell, use or otherwise exploit any of our Services for any commercial purpose without express written permission from Be My Eyes;
change, modify, adapt or alter the Services, or change, modify or alter another website to falsely imply that it is associated with Be My Eyes or our Services;
interfere with or disrupt our Services or servers or networks connected to the Services, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature;
alter or interfere with the way any Service page is rendered or displayed in a user’s browser or device;
create accounts with Be My Eyes through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper;
crawl, scrape, cache or otherwise access any content on our Services via automated means, except as may be the result of standard search engine protocols or with Be My Eyes’ express written consent;
attempt to restrict another user from using or enjoying our Services;
violate the Terms of Service or any other By My Eyes terms;
encourage or facilitate violations of these Terms of Service or any other Be My Eyes terms by a third party.

Unless you are sharing information with either (i) a trusted member of a Be My Eyes Group created by or for you; or (ii) a Customer Accessibility Suite company (not a volunteer) and are doing so subject to their terms of service and privacy policy, you also agree **NOT** to do any of the following:

share private or confidential information via the Services, including without limitation your or any other person’s credit card information, bank information, passports, driver’s license, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses;
share health information using the Services;
use the Services as a means for delivering or receiving medical treatment or medical or health services.

If you violate any of these restrictions or any other of these Terms of Service, your right to use the Services terminates immediately and any further use of the Services by you constitutes an infringement of Be My Eyes’ ownership rights, including without limitation its copyrights and other intellectual property rights, in the Services.

Reservations of Rights

Be My Eyes reserves all rights not expressly granted to you under these Terms of Service, including specifically but with limitation the rights to:

modify or terminate the Service or your access to the Service without liability to you (if we terminate your access to the Service or if you deactivate your account, your data will no longer be accessible through your account but those materials and data may persist and appear within the Service);
refuse access to the Service to you or anyone else for any reason at any time.
remove any content, including User Content, Be My Eyes Content, videos, images, text or data from our databases for any reason (for example, if any images violate our policies or have explicit content); and
remove, edit, block, and/or monitor User Content or accounts containing User Content that we determine in our sole discretion violates these Terms of Service.

Be My Eyes may, but is under no obligation to, exercise any or all of its reserved rights for any reason, with or without notice, and at any time.

Privacy Policy

Be My Eyes has a separate privacy policy that describes our collection and use of information from you. You can access the Privacy Policy by clicking this link.

Disclaimers

Be My Eyes is not responsible for User Content, the advice / assistance given to blind or low-vision users by volunteers, companies using Customer Accessibility Suite services, Be My AI, or other AI services. Be My Eyes is not responsible for any visual images or audio transmitted across a video stream.

Be My Eyes services and the Services IP are provided “as is,” as available, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade).

Be My Eyes does not warrant that the Services will be uninterrupted or error-free. You agree not to rely on the Services, or any information in the Services, or their continuation. We disclaim all and make no representations or warranties, of any kind, either express or implied, as to the quality, identity or reliability of any user content or third party services, including without limitation Customer Accessibility Suite services companies and AI technology provided by third parties, or as to the accuracy, completeness or usefulness of any content accessible via the Services, including without limitation the results of using any AI service to analyze images, videos, or other content of any kind.

Some states and jurisdictions may not allow for all the foregoing limitations on implied warranties, so to that extent, if any, some or all of the above limitations may not apply to you.

Be My Eyes is not responsible for User Content and specifically disclaims any responsibility or liability to any person or entity for any loss, damage, injury, claim, or liability of any kind or character based upon or resulting from any User Content.

Although it is Be My Eyes intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, but not limited to, for emergency repairs and scheduled maintenance or upgrades.

In addition, your ability to use the Services is dependent on the functionality of the device that you use to access the Services as well as the availability and coverage of wireless networks, telecommunications networks and the Internet, all of which involve facilities manufactured, owned and/or operated by third parties. Be My Eyes is not responsible for the operation, availability or failure of any third party devices, systems or facilities, including without limitation those required to use the services.

Limitation of Liability

Between you and Be My Eyes: In the event of a dispute between you and Be My Eyes or our third party service providers, and subject to the exceptions below: (i) neither you, nor Be My Eyes or our affiliates, our licensors or our third-party service providers, will be liable for any special, indirect, consequential, incidental or punitive damages, including but not limited to, loss of profits, loss of business opportunities or loss of goodwill, even if advised of the possibility of such damages; and (ii) liability for any matter arising under or related in any way to Be My Eyes Services or this agreement will not exceed USD $10,000.

Between you and another user: In the event of a dispute between you and another user related in any way to the Services or your interactions using the Services, neither you nor the user will be liable for any special, indirect, consequential, incidental or punitive damages, including but not limited to, loss of profits, loss of business opportunities or loss of goodwill, even if advised of the possibility of such damages, unless the conduct that forms the basis for the dispute was intentional, criminal or grossly negligent.

Exceptions: The limitations between you and Be My Eyes do not apply to you if you violate Be My Eyes intellectual property rights or commit any intentional act that harms another person, our service, or our third-party supplier(s).

Some states and jurisdictions may not allow for all the foregoing exclusions and limitations of incidental or consequential damages, so to that extent, if any, some or all of these limitations and exclusions may not apply to you.

Not an Emergency System

Be My Eyes Services are not designed to be or intended for use as an emergency aid, a means of obtaining or delivering emergency services, or a means for delivering or receiving medical treatment or medical or health services. The Services have not been tested or approved for such critical, high-risk uses and you agree that you will not use the Services for such purposes.

Releases

In addition to the releases given elsewhere in these Terms of Service, you hereby release Be My Eyes (and our affiliates, officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with a dispute between you and any third party, including without limitation another user of our Services, whether it be at law or in equity. This includes, for example, any disputes regarding User Content or the interpretation of User Content.

You hereby waive California Civil Code §1542 (and any analogous law in any other applicable jurisdiction) which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

Disputes

Informal Dispute Resolution

Before filing any claim against Be My Eyes or otherwise seeking relief in a court of law, you agree to first contact Be My Eyes at [email protected] to inform us of your complaint and seek resolution. This notice of dispute must include: your name, pertinent account information, a brief description of your dispute, and contact information so that Be My Eyes may evaluate the dispute and attempt to informally resolve it. Be My Eyes will have 60 days from the date of your original complaint to informally resolve the dispute, which if successful will avoid the need for further action.

Mandatory Arbitration and Class Action/Jury Trial Waiver

In the unlikely event that Be My Eyes has not been able to resolve a dispute it has with you within 60 days of your original informal claim, we each agree to resolve any Claim by binding arbitration before an arbitrator from the American Arbitration Association (“AAA”) in the City and County of San Francisco, California under the Consumer Arbitration Rules then in effect for AAA. You can find out more information about AAA and contact them at www.adr.org.

Class Action and Jury Trial Waiver

All claims must be brought in the party’s individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into these Terms of Service, you and Be My Eyes are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.

Right to Opt-Out of Arbitration and Class Action / Jury Trial Waiver

Action is required to protect your legal right to sue Be My Eyes in court or to participate in any way in a class action, collective action, private attorney general action or other representative proceeding. You may opt out of the foregoing arbitration and class action / jury trial waiver provision of these terms of service by notifying Be My Eyes in writing within 30 days of the effective date of these Terms of Service or your first use of the services, whichever is later. Such written notification must be sent to either: 1111B S Governors Ave, STE 21691, Dover DE 19904, USA, Attention: Arbitration Opt Out, or (ii) [email protected] with the subject heading: Arbitration Opt Out. Your written notification must include: (1) your name, (2) your address, (3) your telephone number, (4) your email address, and (5) a clear statement indicating that you do not wish to resolve disputes through arbitration and demonstrating compliance with the 30-day time limit to opt-out of the above arbitration and class action/jury trial waiver provisions.

Copyright and the DMCA

Accessibly respects the intellectual property rights of others and requires that you and all our users do the same. If you believe that content or other activity taking place on our site or Services constitutes infringement of a work protected by copyright, please provide Accessibly’s DMCA administrator the written information specified below, as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (the “DMCA”)

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located;
Your address, telephone number, and email-address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Accessibly’s DMCA administrator for notice of claims of copyright infringement on the Site can be reached as follows:

DMCA Administrator

Accessibly, Inc.

1111B S Governors Ave, STE 21691

Dover DE 19904

Email: [email protected]

Additional Terms for Mobile Applications

General. To use any Services that we make available via a mobile application (“App”), you must have a mobile device that is compatible with such App. Be My Eyes does not warrant that any App will be compatible with your mobile device. You may use mobile data in connection with an App and may incur additional charges from your wireless provider in connection with such App. You understand and acknowledge that you are solely responsible for any such charges. We hereby grant you a non-exclusive, limited, non-transferable, and freely revocable license to use a compiled code copy of the App(s) under your user account on one (1) or more mobile devices owned or controlled solely by you (except to the extent Apple or Google permits any shared access and/or use of the iOS App or Android App (as each of those terms is defined below), respectively), solely in accordance with these Terms of Service. The foregoing license grant is not a sale of any App or of any copy thereof. You may not: (a) modify, disassemble, decompile, or reverse engineer any App, except to the extent that such restriction is expressly prohibited by Applicable Law; (b) rent, lease, loan, resell, sublicense, distribute, or otherwise transfer any App to any third party, or use any App to provide time sharing or similar services for any third party; (c) make any copies of any App; (d) remove, circumvent, disable, damage, or otherwise interfere with security-related features of any App, features that prevent or restrict use or copying of any content accessible through any App, or features that enforce limitations on use of the Apps; or (e) delete the copyright or other proprietary rights notices on any App. You acknowledge that we may, from time to time, issue upgraded versions of the Apps and may automatically electronically upgrade the version of the App that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and you understand and acknowledge that the terms and conditions of these Terms of Service will apply to all such upgrades. Any third-party code that may be incorporated into an App is covered by the applicable open source or third-party license, if any, authorizing use of such code. We or our third-party partners or suppliers retain all right, title, and interest in and to the Apps (and any copies thereof). Any attempt by you to transfer or delegate any of the rights, duties, or obligations hereunder, except as expressly provided for in these Terms of Service, is void. We reserve all rights not expressly granted under these Terms of Service.

iOS App. This Section applies to any App you acquire from the Apple App Store (“iOS App”). You and Be My Eyes understand and acknowledge that these Terms of Service are solely between you and Be My Eyes, not Apple, Inc. (“Apple”), and that Apple has no responsibility for the iOS App or content thereof. Your access to and use of the iOS App must comply with the usage rules set forth in Apple’s then-current Apple Media Services Terms and Conditions and with the applicable Volume Content Terms. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS App. In the event of any failure of the iOS App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the iOS App to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be governed solely by these Terms of Service and any law applicable to Be My Eyes as provider of the iOS App. You and Be My Eyes acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the iOS App or your possession and/or use of the iOS App, including, but not limited to: (a) product liability claims; (b) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. You acknowledge that, in the event of any third-party claim that the iOS App, or your possession and use of that iOS App, infringes that third party’s intellectual property rights, Be My Eyes, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim, to the extent required by these Terms of Service. You and Be My Eyes acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms of Service as relates to your license of the iOS App, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service as relates to your license of the iOS App against you as a third-party beneficiary thereof.

Android App. The following applies to any App you acquire from the Google Play Store (“Android App”): (a) you acknowledge that these Terms of Service are between you and Be My Eyes only, and not Google LLC or any affiliate thereof (collectively, “Google”); (b) your access to and use of the Android App must comply with Google’s then-current Google Play Terms of Service; (c) Google is only a provider of the Google Play Store where you obtained the Android App; (d) Be My Eyes, and not Google, is solely responsible for the Android App; (e) Google has no obligation or liability to you with respect to the Android App or these Terms of Service; and (f) you understand and acknowledge that Google is a third-party beneficiary to these Terms of Service as they relate to the Android App.

Miscellaneous Terms and Conditions

This Agreement and any dispute arising from it or related to it is governed by the laws of the State of California and the United States of America without regard to their conflicts of law provisions, and without regard to the United Nations Convention on the International Sale of Goods.

You are responsible for compliance with applicable local laws where you live or access the Services. Be My Eyes will not be considered to have modified or waived any of our rights or remedies under these Terms of Service unless the modification or waiver is in writing and signed by an authorized representative of Be My Eyes. Email exchanges may not result in a waiver or modification of these Terms of Service. No delay or omission by Be My Eyes in exercising its rights or remedies will impair its rights or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy.

You will not transfer, assign or delegate your rights or obligations under these Terms of Service to anyone without the express written permission of Be My Eyes, and any attempt to do so will be null and void. Be My Eyes may assign these Terms of Service in its sole discretion.

The Services are controlled and operated from the United States. If you access or use the Services from other jurisdictions, you do so at your own volition, consent to the transfer, processing, and storage of your data to and in the United States and are entirely responsible for compliance with all applicable United States and local laws and regulations. You warrant that you are not prohibited from receiving United States origin products, including services or software. You may not use or access the Services if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government.

Neither of the parties to these Terms of Service will be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. The time for performance of such party will be extended by the period of such delay.

The paragraph headings in these Terms of Service are included for ease of reference only and have no binding effect. These Terms of Service and all documents referenced in these Terms of Service comprise the entire agreement between you and Be My Eyes with respect to the use of our Services and supersede all prior agreements between the parties regarding such use as well as any conflicting or inconsistent terms in any web sites that link to or are linked from the Services. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms of Service, which will remain in full force and effect.