Introduction

Please carefully read these Terms of Use (“Terms”) before using our website www.otherseyes.com or mobile app (together, “Platform”). By accessing and interacting with our Platform in any manner, with or without creating an account, you indicate your agreement to abide by these Terms concluded between you as the service recipient and Others’ Eyes OÜ as the service provider (entity incorporated under the laws of Estonia with a registry code 16596874, registered at Koldrohu tee 3, 12014 Tallinn, Estonia; “Others’ Eyes” or “we”).

It is essential to familiarize yourself with and adhere to these Terms. The Others’ Eyes team reserves the right to revise and update our services, including these Terms at any time if there is a reasonable justification for the measures (e.g., changes in applicable law, improvements to existing services and/or features). We will notify you of any major changes by sending you a relevant notification on the Platform or to the email address you have communicated to us. You cannot continue to use the Platform and our services if you do not agree with such changes and updates.

 

1. Use of the Platform and the Services

 

1.1. Use of the Platform

You may only use and become an account-bearing member of Others’ Eyes Platform if you are 13 years of age or older, or you have the respective permission of your parent or legal guardian. By using Others’ Eyes Platform, you confirm that you possess the legal right, authority, and capacity to accept these Terms and that your use of Others’ Eyes Platform complies with these Terms, the laws, and regulations of your country of residence. You are solely responsible for adhering to all applicable local laws and regulations.

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1.2. Use of the Services

The services provided by Others’ Eyes through the Platform include the mobile application where the user thereof can upload their photo or video, adjust certain settings, and receive a report regarding how the photo or video might be perceived based on the settings determined by the user. You may use the services, and any part or element thereof in accordance with these Terms and in compliance with all applicable laws and regulations. To be able to access and use certain services through the Platform, you must complete the registration process via the Platform.

By purchasing any paid subscription to be able to access and use any of our provided service, you expressly accept and agree that we start providing you the services from that moment on and, therefore, you lose your right of statutory withdrawal otherwise available for consumers.

Please note that certain services provided via the Platform may require your explicit consent (given as a data subject), without which we may not be able to provide the services, in particular the services for which we may need to process your biometric data. Withdrawal of such consent may also lead to the situation where we can no longer provide you the service.

 

2. Rules Regarding Content

You are permitted to post various content types on Others’ Eyes Platform, including photographs/images, text, personal information, contact information, and other content (“content”). However, you may not upload or post any content to the Platform that:

• Contains expletives or language that could be deemed offensive or likely to harass, upset, embarrass, alarm, or annoy any other person.

• Is obscene, pornographic, or otherwise offends human dignity.

• Is abusive, insulting, threatening, or promotes or encourages racism, sexism, hatred, or bigotry.

• Incorporates the image or likeness of any individual under 13 years of age.

• Encourages any illegal activity, including, but not limited to, terrorism or inciting racial hatred.

• Is defamatory.

• Relates to commercial activities (e.g., sales, competitions, advertising, links to other websites, or premium line telephone numbers).

• Involves the transmission of “junk” mail or “spam.”

• Contains any spyware, adware, viruses, corrupt files, worm programs, or other malicious code designed to interrupt, damage, or limit the functionality of software, hardware, or telecommunications equipment.

• Infringes any third party’s rights, including intellectual property and privacy rights.

Additionally, Others’ Eyes does not permit photo tests that:

• Contain no clearly visible people.

• Mislabel the photo subject’s gender and/or age.

• Are extremely racy or explicit (even if not pornographic).

• Contain messages to photo raters, URLs, screen names, or contact information.

• Contain multiple photos combined into one image.

• Do not appear to be for use in an online profile or genuinely seeking feedback. Whether photos or content meet these criteria is at the sole discretion of Others’ Eyes.

You acknowledge sole responsibility for any content you bring to the Others’ Eyes Platform and may not, under any circumstances, use content or assets (including text, images, or screenshots) from the Others’ Eyes Platform that did not originate from you, for any purpose, commercial or non-commercial. Any such use may also violate the rights of other Others’ Eyes Platform users and constitute unlawful use of the Platform.

Others’ Eyes reserves the right to temporarily suspend and/or terminate your account for any legitimate reason, including due to the violation of these Terms or where we reasonably suspect it. When you upload content to Others’ Eyes Platform, it will not be accessed and viewed by the public. If you wish for this content to be viewed by others, you should share it after receiving a report. Content or information you choose to publicly display is at your own risk. We reserve the right, at our sole discretion and without prior notice, to remove, edit, limit, or block access to any content you upload or submit to Others’ Eyes Platform, without incurring any liability to you, including due to the violation of these Terms or where we reasonably suspect it. We are not obligated to display any content submitted to Others’ Eyes Platform or to verify the accuracy or truthfulness of any content submitted.

 

3. Ownership of Content

You retain (or the respective licensor retains) ownership of any content you upload or submit to Others’ Eyes Platform, provided you are the rightful owner or have the licensor’s right to upload or submit such content. By posting or submitting content to Others’ Eyes Platform and with regard to both economic and moral intellectual property rights, you represent and warrant that you have the right to do so and grant us a non-exclusive, royalty-free, perpetual, worldwide license to use such content for providing you our services, and for research purposes (in particular to modify, update and improve our services) in various ways in accordance with applicable law (including data protection laws). This includes making your content and associated data available to Others’ Eyes staff or contractors, either in whole or in part, in any format or medium, currently known or developed in the future. We may assign and/or sub-license this license to affiliates and successors without your further approval.

We have the right, to the extent permitted under applicable law, to disclose your identity to any third party claiming that any content posted or uploaded by you to our Platform violates their intellectual property rights, right to privacy, or any other law.

All remaining content on Others’ Eyes Platform, including text, graphics, user interfaces, trademarks, logos, sounds, and artwork, is owned, controlled, or licensed to us and is protected by copyright, trademark, and other intellectual property laws. You do not have any rights in relation to the content on Others’ Eyes Platform, except for content submitted by you, and agree not to use any content in a manner that may infringe our or any third party’s rights. This includes copying, modifying, adapting, distributing, publishing, or selling all or any part of the Others’ Eyes Platform or the content contained on it (other than content submitted by you) to anyone else.

 

4. Multiple Accounts and Users

You are not allowed to create more than one Others’ Eyes account for yourself or create an account for anyone other than yourself. If we terminate your account for any reason, you may not create another one without our permission. Failure to comply with these guidelines may result in the suspension and/or termination of all your accounts and, if necessary, at our sole discretion, a permanent ban from the use of the Platform.

Only you are authorized to access your Others’ Eyes account. You must not share your login details with anyone else or allow anyone else to access your account, as this jeopardizes the ’Platform’s security and the security of submitted content. You are responsible for keeping your login details confidential, and Others’ Eyes is not liable for any unauthorized access to your account. We reserve the right to terminate your account if you violate our rules on keeping your login details secure.

 

5. Accurate Information

You must not provide false personal information to Others’ Eyes through any means, including but not limited to your email address, gender, and age. Tampering with the system by falsely representing yourself or others will result in account suspension and/or termination.

 

6. The Platform Does Not Provide Business or Personal Advice

The information on this Platform is for general informational purposes only. While we strive to keep the information up to date and accurate, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability of the Platform or the information, products, services, or related graphics contained on the Platform for any purpose. Any reliance you place on such information is strictly at your own risk.

This Platform does not provide guidance or make decisions on your behalf or on behalf of your business. Any business decisions resulting from information posted on this Platform, products sold through this Platform, or links listed on this Platform are solely your responsibility.

 

7. Access to the Platform

We cannot guarantee that Others’ Eyes will be accessible at all times due to Platform maintenance, technical issues, circumstances beyond our control, or any other reason. Others’ Eyes is provided on an “as is” basis, and we do not provide warranties regarding its quality, accuracy, functionality, availability, or performance. We reserve the right to suspend, withdraw, amend, modify, or vary the service provided on Others’ Eyes Platform without notice and without incurring any liability, in particular for maintenance or updating purposes.

You are responsible for all necessary arrangements to ensure access to Others’ Eyes Platform, including Internet provider and mobile internet provider fees and any other associated charges, and compliance with compatibility and interoperability requirements applicable for your hardware and software presented to you prior to accessing and using Others’ Eyes Platform. We are not responsible for any reduced functionality you may experience when accessing Others’ Eyes Platform via mobile services or any similar service, whether currently known or developed in the future. By accessing Others’ Eyes Platform or agreeing to receive messages or notifications from Others’ Eyes through your mobile phone or any other connected media device, you accept that you may incur charges from your internet or mobile service provider. We shall not be liable for such charges.

Non-registered users can access only publicly available portions of Others’ Eyes Platform and do not have access to an account area or the ability to upload content in the course of using our services. The extent of registered users’ access to Others’ Eyes Platform may change or be updated from time to time without prior notice and at our discretion subject to the limitations under the Terms.

 

8. Termination of Use by Us

In cases where users forget or disregard these Terms and/or engage in activities on Others’ Eyes inconsistent with the purpose of the Platform, we reserve the right, at our sole discretion and without liability or prior notice, in addition to the termination of these Terms, to:

• Temporarily suspend or revoke your registration (if applicable).

• Temporarily suspend or revoke your right to access and/or use Others’ Eyes Platform.

• Temporarily suspend or terminate your account.

• Utilize operational, technological, legal, or other means available to enforce these Terms, including blocking specific IP addresses.

We are not obligated to notify you if your access to Others’ Eyes Platform and/or your account area is temporarily suspended or terminated for the listed reasons. In any case, upon the termination of these Terms, you lose the right to access and use our Platform and services.

 

9. Termination of Use by You

If you request the deletion of your account through the Platform for the termination of these Terms, we will retain your profile information for a brief period in case you decide to withdraw your prior declaration by restoring your account within 30 days of deactivating it. Once your account is deleted with the termination of these Terms, we have the right to delete any related content that you have submitted or uploaded to Others’ Eyes Platform. In any case, upon the termination of these Terms, you lose the right to access and use our Platform and services.

 

10. Abuse/Complaints

You can report any abuse or lodge complaints about content on Others’ Eyes Platform by contacting us via the Platform, detailing the abuse and/or complaint.

 

11. Privacy Policy

We process information in accordance with our Privacy Policy, which is incorporated into these Terms and Conditions of use. Please review the terms of our Privacy Policy before using the Others’ Eyes Platform.

 

12. Links

Our Platform may contain links to other sites, resources, and purchase opportunities provided by third parties. These links are provided for your information only. If you access these links, you may be directed to third-party sites with their own terms of use and privacy policies, which may differ from our own. The display of links to third-party sites does not constitute an endorsement by us of any third-party content, information, sites, or resources.

Please note that we have no control over the contents of any third-party sites or resources and accept no responsibility for them, including (but not limited to) the third-party site’s compliance with any applicable laws or regulations.

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13. Disclaimer of Warranties and Limitation of Liability

If your use of the Others’ Eyes Platform leads to legal threats or consequences, we expressly disclaim any responsibility and liability for your conduct or the conduct of any other user of Others’ Eyes. Additionally, we disclaim any liability for content uploaded by you or by any other user.

In any case, our liability is limited to direct patrimonial damages caused to you as a result of a breach of our obligations under these Terms. We shall only be liable for the damages if we are culpable of the non-performance of our obligations. Under no circumstances we shall be liable for any loss of profit. To the fullest extent permitted by applicable law, our liability is limited the amount of EUR 100 (hundred euros) or the actual damages, whichever is less.

These limitations apply only to the maximum extent permitted by applicable law and are not applicable if such liability cannot be limited or excluded under applicable legal and/or regulatory provisions.

 

14. Indemnity

If we are sued as a result of your use of Others’ Eyes Platform, we have the right to defend or settle the relevant claim as we see fit and in accordance with the applicable law. If we request your cooperation in the defense of any relevant claim, you agree to cooperate fully and reasonably as required by us.

You agree to hold harmless and indemnify us and our officers, directors, employees, agents, representatives, and licensors from and against any third-party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs, and expenses (including reasonable solicitor’s fees) suffered or reasonably incurred by us arising as a result of, or in connection with, your access to and use of Others’ Eyes Platform, the uploading or submission of content to Others’ Eyes Platform by you, or your conduct, other than in accordance with the Terms or any applicable law or regulation (“Claim”).

 

15. Jurisdiction and Consumer Rights

You expressly agree that exclusive jurisdiction for any dispute with Others’ Eyes related to your use of the Platform resides in the courts of the Republic of Estonia unless the dispute is settled via communication between you and Others’ Eyes. These Terms are governed by the laws of the Republic of Estonia, without regard to its conflict of laws principles.

If you are a consumer, you may be entitled to certain rights and protections under applicable consumer protection regulations depending on your country of residence (e.g., right of withdrawal, right to apply to the courts of your place of residence, etc.), unless otherwise provided in these Terms.

Note that in addition to consumer-specific legal remedies, you can always exercise all other applicable statutory remedies. For consumers residing in the European Union, alternative dispute resolution mechanisms may be available. You can access the European Commission’s online platform for online dispute resolution here: http://ec.europa.eu/consumers/odr/.

 

16. Miscellaneous

Others’ Eyes has taken reasonable steps to ensure the currency, availability, correctness, and completeness of the information contained on Others’ Eyes Platform and provides that information on an “as is,” “as available” basis. Others’ Eyes does not give or make any warranty or representation of any kind about the information contained on Others’ Eyes, whether express or implied. Use of Others’ Eyes Platform and the materials available on it is at your sole risk.

Others’ Eyes cannot be held responsible for any loss arising from the transmission, use of data, or inaccurate content posted by users. You are responsible for taking all necessary precautions to ensure that any material you may obtain from Others’ Eyes (including via the Platform) is free of viruses or other harmful components. You accept that Others’ Eyes Platform will not be provided uninterrupted or error-free, that defects may not be corrected, or that Others’ Eyes Platform, or the server that makes it available, are free of viruses or bugs, spyware, Trojan horses, or any similar malicious software. Others’ Eyes is not responsible for any damage to your computer hardware, computer software, or other equipment or technology, including, but without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure, or any other technical or other malfunction.

You may not assign or delegate any rights or obligations under the Terms without our prior written consent.

All provisions of the Terms which by their nature should survive termination will survive the termination of the Terms, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

If any provision of these Terms is held to be invalid, void or unenforceable for any reason, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of these Terms.

 

Note about AI-Generated Feedback

Please note that feedback users receive on Others’ Eyes Platform is generated by AI, not real people. This feedback is intended to be informative and should not be taken personally. Additionally, nobody else can see the feedback you receive.

 

Contact Us

If you have any questions or concerns about these Terms, please contact us at privacy@otherseyes.com.