GunEye App Disclosure-Terms and Conditions

GunEye App Disclosure

Terms & Conditions

ALL GUNEYE USERS MUST COMPLY WITH ALL LOCAL, STATE, AND FEDERAL LAWS. THIS INCLUDES ALL APPLICABLE TRANSPORTATION AND EXPORT LAWS.

Carrying a firearm can be dangerous and puts great responsibility on the person in possession of the firearm. Shooting a gun at night is highly dangerous and can lead to lethal consequences.

Important Safety Instructions

Read and follow all instructions.
Heed all warnings.
Only use attachments/accessories in the exact manner specified by the manufacturer.
All services must be provided by the manufacturer.
Battery Safety Instructions and Warning

The GUNEYE’s battery is not user replaceable. Any user should NOT attempt to replace the GUNEYE’s battery. If the housing assembly is opened, altered, damaged, or tampered with in any way, the GUNEYE’s warranty shall be void.

DO NOT OPEN THE BATTERY CASING. The battery used in this devise may present a risk of fire or chemical burn if mistreated. Do not disassemble the GUNEYE, store the GUNEYE above 120 degrees Fahrenheit, or incinerate the GUNEYE.

The batter is factory replaceable only; return the GUNEYE to FireArm Eye for battery replacement. Please contract FireArm Eye for details on how to return your GUNEYE for battery replacement.

USER APP -TERMS AND CONDITIONS

INTRODUCTION

I.  DEFINITIONS

  1.  Service Provider-GunEye, LLC with registered offices at 2048 Windbrook Dr SE , Palm Bay, FL 32909 as a registered Limited Liability Company if the State of Florida, Brevard County, USA.
  2.  Application – a mobile application administered by the Service Provider and available on mobile devices with either Android or IOS operating systems.  Application to be referred to as GunEye Application for this document disclosure purposes.
  3.   User – a person who has completed the User Account Registration.
  4.   Registration – a procedure in which the User Account is created. 
  5.   User Account- a registration in the Application database which gives the User the access to certain services after entering a login and a password.
  6.   Service – a service that the Service Provider provides to Users by electronic means, without the physical presence of the parties. The Service is provided in Accordance with the Terms.
  7.   Agreement – A Service Agreement.
  8.   Profile – Information regarding the User that is introduced to the Application.
  9.   Geolocation – special feature of the Application that enables the Users to determine the other User’s approximate location. Geolocation users data obtained from GPS and User’s IP address.
  10.   Terms- Present User Terms and Conditions.

II.   USER ACCOUNT REGISTRATION AND AGREEMENT CONCLUSION

  1.  The User of the Application must be of full age (at least 18 years of age) and have full capacity to perform legal acts.  The Application shall not be used by children or shall not be made available to children at any time or by any means.
  2.   Registration is free of charge.  The User Account Registration may be submitted by filling in an electronic form available in the Application. The Service Provider reserves the right to introduce payments for registration for parts or for all Services.
  3.   In order to register, the User must enter the following data: email, address, age, login, password and shall accept the Terms and Conditions Disclosure. Login chosen by the User will be presented on the Profile.  Login may be chosen freely under condition that the other User did not choose the identical login before.  Within a max of 14 days after Registration, the User Account will be created.  The shortest will be immediately following registration. 
  4.   Once the User Account is created, the User and the Service Provider have entered into the Agreement.  The Agreement is concluded for an  unspecified period of time.
  5.   In order to fully use the Application, the User will provide the Service Provider with the following data: user location.  Entering the aforementioned data, the User confirms that they are true, complete and reliable information. The Service Provider does not verify the aforementioned data.
  6.   The right of the Service Provider to introduce fees for using the Application shall be unlimited.  
  7.   The User has the right to withdraw from the Agreement without giving cause within 14 days from the execution of the Agreement. The withdrawl from the Agreement shall be made effective is the User makes a declaration of withdrawal from the Agreement and shall be sent in writing. The declaration of the withdrawal from the Agreement must be postmarked or dated before the 14 day period expires.  The User loses the right to withdraw from the Agreement if on User’s explicit consent that the Service Provider has provided the Service before the expiration of the withdrawal period.  Once the declaration of withdrawal from the Agreement is sent, the User shall delete the Application.
    1.   The Agreement may be terminated by deleting the User’s Account. The Service Provides makes the function to delete the User’s account available to the User.

III.     TYPES AND FEATURES OF SERVICES, GEOLOCATION.

      1. The Application has the following features:
      2. a The User Account and Provide edition.
      3. b  Geolocation.
      4. c  Ranking lists.
    1. The Service Provider reserves the right to introduce new types of Services (features of the Application) and to stop providing some Services upon discretion.
    2.   The Service Provider reserves the right to modify certain features of the application as well as to impose new requirements to use certain features.
    3.   On certain levels, the User may use the Geolocation. Using the Geolocation may permit the other User (s) to determine the User (s) approximate location or may permit to determine User habits and whereabouts.
    4.   The service Provider may display advertisements in the Application.

IV.  RIGHTS AND OBLIGATIONS OF THE SERVICE PROVIDER

  1. The Service is provided by the Service Provider on the basis of the Terms and Conditions. The Service Provider provides the Service with due diligence.
  2.   The Service Provider may terminate the Agreement with an immediate effect if:
  3. a  The User creates many User Accounts.
  4. b  The User insults other Users: violates personal rights of the Service Provider, Other Users or Third Part Parties; post comments of which the content is vulgar or in breach of good practices; violates the provision of the Terms and Conditions or the applicable laws of the United States;
  5. c  The User permits another User of a Third Party to use his/her login and the password.
  6. d  There is a decision on the termination of the Service – in this case the Service Provider shall inform the User using the same procedure as in case of introducing the changes in the Terms and Conditions.

In the aforementioned cases, the Service Provider shall block the User Account and either send an email message to the address given in the Registration informing the User about the reasons for termination of the Agreement in the Application.

3.  The Service Provider guarantees that the Application will be available for not less than 600 hours per month. Temporary denial of access to the Application may occur due to technical and maintenance work.  In case of temporary denial of access to the Application caused by some failures, the Provider shall make reasonable efforts to solve the problem as soon as possible.

IV.  USER RIGHTS AND OBLIGATIONS

  1.  The User is allowed to create one User Account and one Profile.  The User is not allowed to give access to his/her Account to another User or to use another Users Account .  The User must not disclose the password to his/her User Account to anyone.
  2.   The User is not allowed to introduce to the Application any content that is vulgar or violates good practices, the provision of the Terms and Conditions or the United States applicable laws.
  3.   The User is not allowed to promote content in any way.
  4.   The Service Provider has the right to moderate content introduced by the User and the right to determine whether the content fulfills the aforementioned conditions.  The Service Provider is not responsible for not publishing the content introduced.
  5.   Once the User introduces a content he/she grants the Service Provider a non-exclusive, irrevocable, unlimited in time and territory license to use the content in the following fields of exploitation: analogue and digital copying, computer data storage, computer of multimedia network publication, marketing, lease, public sharing in place and time chosen by the Service Provider, displaying, transmission, remmission, reproduction, storing opinions and comments in databases, using opinions and comments to promote the Service Provider.  The deletion of the User Account does not effect the effectiveness of the aforementioned license.
  6.   Once the User posts a photo, he/she grants the Service Provider a non-exclusive, irrevocable, unlimited in time and territory license to use the photo in the following fields of exploitation:  analogue and digital copying, computer data storage, computer of multimedia network publication, marketing, lease, public sharing in place and time chosen by the Service Provider, displaying, transmission, remmission, reproduction, storing the photo in databases, using the photo to promote the Service Provider.  The deletion of the User Account does not affect the effectiveness of the aforementioned license.
  7.  Once the User posts a photo, he/she grants the Service Provider consent to unlimited in time, territory and purpose use of the person in the photo’s appearance.
  8.   By entering into this Agreement, the User is not granted any rights to the Application, in particular regarding the source code, graphics, or the Application features. The User does not acquire any right to content introduced by other User’s.

VI.   PROVISIONS ON LIABILITY

      1.  The Service Provider is not liable for any data provided by the User, especially as far as their       completeness, reliability, genuineness, and accuracy is concerned.

   2.  The Service Provider is not liable for the content introduced by the Users except for as indicated in the adequate provisions of the Act on providing services by electronic means.

   3.  The User may be liable for posted content that violates personal rights of other Users and Third Parties or violates their rights in any other way.

   4.  If the Service Provider has received a legal notice or reliable information about an illegal act or character of the stored User’s data and there has been an immediate denial of the access to this data, the Service Provider shall not be liable for the damages caused by the denial of the access to this data.

5.  The Service Provider is liable for failure to provide or improperly providing of Services to the extent specified by the provisions of the Terms and Conditions as well as United States applicable laws.

6.  The Service Provider shall not provide Liability for any personal injuries or death.

   7.  The Service Provider is not liable for any usage of the application which is against United States Laws, and in particular violates any safety statues or legislature against any federal, state or local or international gun or weapon usage, state or local statues on firearm safety or ownership.

   8.  The Service Provider does not promote or in any other way encourage the use of Firearms, Guns or Weapons nor does the Service Provider intent to facilitate to Firearms, Guns, or Weapons.

   9.  Names of Trademarks of Firearms, Guns, Weapons or their Manufacturers are only represented in order to enable the proper functions of the Application and shall not constitute as violation of any United States -state or local law, in particular Trademark Law.

   10.  The User shall indemnify the Service Provider and keep the Service Provider fully and effectively indemnified against all losses, claims, damages, and expenses (including and without limitation) reasonable legal fees incurred by the Service Provider as a result of a Third Party claim that either is related to the usage of the Application by the User or is related to the User’s behavior.

   11.  The failure to provide or improperly providing of Services does not cause:  

     a.  Any damages of the electronic device that belongs or is used by the User.

     b.  Limited or disrupted access to the internet networks.

      c.  Other disruptions in using the Service provoked by User’s actions in breach of the provisions of the              Agreement as well as the Terms and Conditions arisen from the omission.

VII.  TECHNICAL REQUIREMENTS

   1.  To use the Application, the User needs to use the mobile device with Android or IOS operating systems and the internet access as well as save the Application on the mobile device memory.

   2.  The Service Provider informs that the failure to fulfill the technical requirements may result in wrong operation of the Application, for which the Provider is not responsible.   3.  Older versions of  Android or IOS related mobile devices older that 3 model years, may or may not be compatible or supported.

VIII.    COMPLAINTS

  1.  Every User has the right to make a complaint on the Service.
  2.   The complaint shall be made in writing and sent via email to the registered address of the Service Provider or by email to:  sales@guneye.com. 
  3.   A statement of complaint must include the User’s contact data, correspondence address, telephone number, or email address as well as the nature of the complaint and justifying circumstances.  
  4.   The Service Provider is obliged to consider the complaint with response made within 21 days. 

IX.   FINAL PROVISIONS

   1.  The United States Federal Communications Laws shall apply to all the issues not regulated by the provisions of the Terms and Conditions. Particularly adequate are the provisions of the Civil Code, the act on copyright and related rights, the act on telecommunications law, act on personal data protection and act on providing services by electronic means.

2.  Should any of the Terms and Conditions provisions of this Agreement be declared null and void by resolution, and updated Terms and Conditions will be made available.  The Terms and Conditions shall be made available in a form that enables downloading, saving and printing.

  3.  The Service Provider reserves the right to modify the provisions from time to time.  The Service Provider shall inform Users about changes via an email address given at the time of registration.