Terms of Service

These Terms of Service ("Terms") are an agreement between you and Eye On The Site LLC, a Florida limited liability company ("Eye On The Site", "we", "us" or "our"), and govern your use of our website, web application, Android app, managed devices and related services (the "Services"). If you accept these Terms on behalf of a company or other organization, you confirm that you have authority to bind it, and "you" and "Customer" refer to that organization. Individual users invited by a Customer use the Services under the Customer's account and must also follow these Terms. 1. ACCEPTANCE By creating an account, signing in, or using the Services, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Services. You must be at least 18 years old and able to enter into a binding contract. 2. THE SERVICES Eye On The Site lets businesses monitor job sites with phones or tablets running our app: devices take photos at the interval set for each project and upload them, and users can review project history, monitor progress, create branded timelapse videos and share them. Features, limits and photo retention depend on the plan (see the pricing page and Settings > Plan & billing in the app). The Services show recent photos, not continuous live video. Photos are only taken while a capture is running, the device has power, and (for upload) a network connection. 3. ACCOUNTS AND USERS Provide accurate information and keep it up to date. You are responsible for your credentials and for all activity under your account, including by the users and devices you allow. Administrators control which users and devices can access the company's projects. Tell us promptly at privacy@eyeonthesite.com if you suspect unauthorized access. Free accounts may be placed on a waiting list and are activated at our discretion. We may limit the number of free accounts per company or person. 4. PLANS, BILLING AND CANCELLATION Paid plans are subscriptions billed in advance, monthly for plans and extra devices and yearly for managed devices, through our payment processor Stripe. Subscriptions renew automatically until cancelled. You authorize us to charge your payment method for each period and any applicable taxes. You can change or cancel your plan at any time in Settings > Plan & billing. Plan changes take effect immediately and are prorated: you are charged, or credited, the difference for the rest of the current billing period. A cancellation takes effect at the end of the current billing period, and you keep access to paid features until then. Except for these prorated adjustments or where required by law, payments are non-refundable. If a payment fails, we will retry it and notify you; if it is not resolved within 7 days, the subscription is cancelled and the account moves to the Free plan. Moving to a smaller plan never deletes existing content, but new actions over the new plan's limits are blocked, and photos follow the retention of the plan in effect when they were taken. We may change prices or plan features. We will give at least 30 days' notice of a price increase for an existing subscription, which takes effect at the next renewal after the notice period; you may cancel before it applies. 5. YOUR DEVICES AND THE ANDROID APP You can use your own Android phones or tablets with our app. You are responsible for the device, its power, its mounting at the job site and any mobile data charges. Each plan sets how many devices can capture at the same time. The app captures photos in the background, with the screen off, only after a user starts a capture, and shows a notification while it runs. We may update the app and require a minimum version to keep using the Services. 6. MANAGED DEVICES On plans that include them, you can order managed devices: a phone with the app pre-installed, a tripod, a mobile data plan for the subscription term, and device management. Managed devices are billed yearly. Unless agreed otherwise in writing, managed devices remain the property of Eye On The Site LLC; you are responsible for their care and for loss or damage beyond normal wear, may use them only with the Services, and must return them within 30 days after the managed device subscription ends. Availability and shipping destinations are shown when ordering. 7. YOUR CONTENT AND RESPONSIBILITIES Photos, videos, project information and other content you upload or capture ("Customer Content") belong to you. You grant us a worldwide, non-exclusive license to host, copy, process, display and transmit Customer Content only to provide, secure and improve the Services for you, including creating timelapse videos, generating share links you request and running automated person detection where your plan includes it. You are solely responsible for where and how you capture photos and for having the rights and permissions to do so. You must comply with all laws that apply to photography and monitoring at your job sites, including privacy, labor and recording laws; obtain any required consents from property owners, clients and workers; post notices where required; and not point devices at areas where people have a reasonable expectation of privacy (such as bathrooms, changing areas or the inside of homes not under work) or at neighboring property beyond what is needed to document the work. When you create a share link, anyone with the link can view that video until it expires or you revoke it. 8. ACCEPTABLE USE You will not: use the Services for any unlawful, harmful or abusive purpose; harass, stalk or covertly surveil any person; capture or upload content you have no right to; attempt to identify individuals from photos using the Services; access or try to access accounts or data that are not yours; interfere with, overload or probe the Services, or bypass plan limits or security; reverse engineer the Services or the app except as permitted by law; tamper with managed devices or use them for other purposes; or resell the Services without our written agreement. 9. OUR PROPERTY The Services, the app, our software, designs, logos and the Eye On The Site name are owned by Eye On The Site LLC and protected by law. We grant you a limited, non-exclusive, non-transferable right to use the Services according to these Terms while your account is active. Feedback you give us may be used without obligation to you. 10. THIRD-PARTY SERVICES The Services rely on third parties such as Amazon Web Services, Stripe and Google Play, and may link to other services. Their terms apply to your use of them, and we are not responsible for them. 11. SUSPENSION AND TERMINATION You may stop using the Services and request deletion of your account at any time (see our Privacy Policy and eyeonthesite.com/en/delete-account). We may suspend or terminate access, or stop a capture, if you breach these Terms, fail to pay, create risk or legal exposure for us or others, or if required by law. Where practical, we will give notice and a chance to fix the issue. After termination, your right to use the Services ends; Customer Content is deleted as described in our Privacy Policy, so download anything you want to keep first. 12. AVAILABILITY AND CHANGES We work to keep the Services available but do not guarantee uninterrupted or error-free operation, that every photo will be captured or uploaded, or that content will never be lost. Features marked beta or preview may change or be withdrawn. We may modify the Services, and will not materially reduce the core features of a paid plan during a billing period you have paid for. 13. DISCLAIMER OF WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES AND MANAGED DEVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE SERVICES ARE NOT A SECURITY, SAFETY OR ALARM SYSTEM AND MUST NOT BE RELIED ON TO PREVENT THEFT, DAMAGE OR INJURY. AUTOMATED FEATURES SUCH AS PERSON DETECTION MAY BE INACCURATE. 14. LIMITATION OF LIABILITY TO THE FULLEST EXTENT PERMITTED BY LAW, EYE ON THE SITE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA OR GOODWILL, ARISING FROM OR RELATED TO THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES WILL NOT EXCEED THE GREATER OF THE AMOUNTS YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND ONE HUNDRED U.S. DOLLARS (US$100). Some jurisdictions do not allow these limitations, so they apply to you only to the extent permitted. 15. INDEMNIFICATION You will defend, indemnify and hold harmless Eye On The Site LLC and its members, employees and agents from claims, damages, losses and expenses (including reasonable attorneys' fees) arising from your Customer Content, your use of the Services or devices, your violation of these Terms, or your violation of any law or the rights of others, including the privacy rights of people photographed at your job sites. 16. GOVERNING LAW AND DISPUTES These Terms are governed by the laws of the State of Florida and applicable U.S. federal law, without regard to conflict-of-law rules. Any dispute will be brought exclusively in the state or federal courts located in the State of Florida, and you and we consent to their jurisdiction. Before filing a claim, each party agrees to try to resolve the dispute informally by contacting the other for at least 30 days. Nothing here prevents either party from seeking urgent injunctive relief. 17. GENERAL These Terms and our Privacy Policy are the entire agreement between you and us about the Services. If any provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition or sale of assets. Neither party is liable for delays caused by events beyond its reasonable control. 18. CHANGES TO THESE TERMS We may update these Terms. We will post the new version on this page and update the date above; for material changes we will notify account administrators by email or in the app at least 15 days before they take effect. Continuing to use the Services after the effective date means you accept the updated Terms. 19. CONTACT US Eye On The Site LLC Email: privacy@eyeonthesite.com Website: eyeonthesite.com