Terms of Service

These Terms of Service (the "Terms") form a binding agreement between you ("you", "User") and SAMPLIFY FZCO, a Free Zone Company licensed by the Dubai Silicon Oasis Authority (DSOA) under commercial licence No. 10142 (UAE TRN 104045419900003), the operator of EyesTalk ("EyesTalk", "we", "us", "our"), governing your access to and use of the EyesTalk mobile applications, the website at https://eyestalk.app, the Venue Owner Panel, APIs, and any related services (collectively, the "Service").

Please read these Terms carefully. By creating an account, accessing, or using the Service you confirm that you have read, understood and agree to be bound by these Terms and by our Privacy Policy. If you do not agree, you must not use the Service.

1. Eligibility

1.1. You must be at least 18 years old (or the age of majority in your jurisdiction, whichever is higher) and have full legal capacity to enter into a binding contract to use the Service. The Service is not directed at children, and we do not knowingly collect data from them. See our Privacy Policy.

1.2. You may not use the Service if you are subject to economic sanctions administered by the United States, the European Union, the United Kingdom or any other applicable authority, or if applicable law prohibits you from receiving or using software or services originating from our operating entity.

1.3. If you are using the Service on behalf of a venue or other organisation (including via the Venue Owner Panel), you represent and warrant that you are authorised to bind that organisation to these Terms.

2. The Service

2.1. EyesTalk is a real-time, location-based social application that helps people meet others who are physically present at the same venue (bars, clubs, lounges, karaoke rooms, bowling alleys, hookah lounges and similar). The Service offers, among other things:

• a live map of nearby venues and people checked in;
• check-in via QR code and / or geofence, with verification of physical presence;
• profile, photos, interests, social handles;
• waves, mutual matches, ephemeral chats (5-minute micro-chats and longer chats once matched);
• venue-side activities (polls, contests, tournaments, quests, auctions, announcements);
• a token economy used inside the Service for boosts, premium features and venue activities;
• a Venue Owner Panel for owners and staff to manage their venue, activities, services, loyalty, moderation and analytics.

2.2. Honest presence is the product. You agree not to manipulate, spoof or falsify your geolocation, identity, or check-in status. The Service relies on accurate location data to function.

2.3. Not a professional advisory service. The Service is provided for general social and recreational purposes. It is not a dating-safety, transportation, security or public-health service. Always exercise reasonable judgement and personal-safety precautions when meeting other people. We do not verify the identity, age, character or intentions of other Users.

2.4. Third-party data. Some Service functionality depends on third-party providers (operating-system geolocation, push notification gateways, payment processors, hosting providers, map tile providers). The Service may be degraded or unavailable if a provider is interrupted or changes its terms.

3. Accounts & Security

3.1. To use the Service you must register an account using a valid email address and a password, or via a supported third-party identity provider. You agree to provide accurate, current and complete information and to keep it up to date.

3.2. You are responsible for safeguarding your credentials and for all activity that occurs under your account. Notify us immediately at admin@eyestalk.app if you suspect unauthorised use.

3.3. One person, one account. Sharing accounts, reselling access, impersonating other people, or operating multiple accounts to circumvent bans, quotas or trial limits is prohibited.

3.4. Venue Owner accounts. Venue Owner accounts may only be used by the lawful operator of the venue or by an authorised representative. The Venue Owner is responsible for the conduct of any staff using their Venue Owner account.

4. Tokens, Subscriptions & Billing

4.1. EyesTalk Tokens. "Tokens" are an internal, non-monetary unit of account used to pay for certain Service features (e.g., boosts, activities, premium features). Tokens have no cash value, are not legal tender, electronic money, securities or any other financial instrument, are non-transferable except as expressly permitted within the Service, and cannot be exchanged back for currency except as set out in section 5 (Refunds).

4.2. Earning Tokens. You may receive Tokens for free (e.g., on registration, at check-ins, for completing activities) at our discretion. Token grants are promotional and may change at any time without notice.

4.3. Token packs and subscriptions. You may purchase one-time Token packs or, where offered, recurring subscription plans that bundle Token allowances and additional features. Prices, plan composition and Token allowances are described on the pricing page and may change for future billing periods upon notice as described in section 13.

4.4. Auto-renewal. Subscriptions automatically renew at the end of each billing period at the then-current price for that plan, until you cancel. You authorise us, through our payment processor, to charge your payment method on file for each renewal.

4.5. Cancellation. You may cancel a subscription at any time from your account settings. Cancellation takes effect at the end of the current billing period; you retain access (and Tokens already granted) until that date. We do not provide pro-rated refunds for partial periods except where required by law or expressly stated in section 5.

4.6. Failed payments. If a renewal payment fails, the subscription enters a grace period during which our payment processor retries the charge. If retries continue to fail, the subscription is cancelled and paid features (including the recurring Token grant) become unavailable.

4.7. Payment processors. Payments are processed by our payment provider, which is PCI DSS Level 1 certified. We do not store full payment card numbers on our servers. By paying, you also agree to the payment provider's applicable terms.

4.8. Taxes. Stated prices may exclude UAE value added tax (VAT), sales tax, withholding tax or similar duties, which our payment provider may collect and remit on our behalf where required by law. You are responsible for any taxes that apply to you personally.

4.9. In-app purchases. Purchases made through Apple App Store or Google Play are subject to the additional terms of the relevant app store. Refunds for in-app purchases are handled by the app store in accordance with its policies.

4.10. Token expiry. Tokens remain available while your account is in good standing. Upon termination or deletion of your account, all unused Tokens are forfeited without compensation, except where law requires otherwise.

5. Refunds & Withdrawal

5.1. EU/EEA / UK consumers — right of withdrawal. If you are a consumer in the EU/EEA or the United Kingdom, you have a statutory right to withdraw from a contract for digital content or services within 14 days. By starting to use the Service (e.g., spending a Token, joining a paid activity, downloading premium content) you expressly request immediate performance and acknowledge that you lose your right of withdrawal for content already supplied. Until that point you may withdraw by emailing admin@eyestalk.app.

5.2. Token top-ups. Discretionary refunds for one-time Token purchases may be granted within 14 days of purchase provided that no Token from the purchased bundle has been spent.

5.3. Subscriptions. Subscription fees are non-refundable except where required by law or where our Service has been materially unavailable for an extended period due to our fault.

5.4. Activities and venue-side purchases are final. Tokens spent on activities, contests, auctions, services or bookings provided by Venue Owners are not refundable except where the Venue Owner cancels the activity or the law requires otherwise.

5.5. To request a refund permitted by this section, email admin@eyestalk.app from the address registered on your account, including the date of purchase and the amount. Approved refunds are returned to the original payment method within 10 business days of approval.

5.6. Chargebacks. If you initiate a chargeback, dispute or reversal in respect of a payment that we believe in good faith was authorised, we may immediately suspend or terminate your account and forfeit any unused Tokens, in addition to any other remedy available at law.

6. User Content & License to Us

6.1. Your content. "User Content" means any data you submit to or generate through the Service, including profile data, photos, messages, activity submissions, reports, venue listings (if you are a Venue Owner) and similar. As between you and us, you retain all rights you have in your User Content.

6.2. License to us. You grant us a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, transmit, display, adapt and create derivative works of your User Content solely as necessary to operate, provide, secure, improve and promote the Service, including showing your profile and messages to the appropriate other Users and to Venue Owners as described in our Privacy Policy.

6.3. Your representations. You represent and warrant that (a) you own or have all necessary rights in your User Content; (b) it does not infringe or violate the rights of any third party (including IP, privacy and data-protection rights); (c) it does not violate any law or regulation, or any of our rules in section 8; (d) any personal data of others is included only with that person's informed consent or another lawful basis; and (e) photos in your profile depict you and only you (or are clearly non-personal).

6.4. Aggregated data. We may produce de-identified, aggregated statistics from User Content (e.g., venue check-in patterns, activity participation trends) and use them for any purpose. Such aggregates do not identify you and are not your User Content.

7. Venues, Venue Owners and Activities

7.1. Venue Owners are independent businesses or their authorised representatives. EyesTalk acts as a technology platform between guests and Venue Owners. We are not a party to any contract for goods or services between a guest and a Venue Owner (e.g., reserving a table, booking a service, joining a paid activity).

7.2. Venue Owners are responsible for the lawfulness of their venue listings, activities, announcements, services, prices and moderation decisions. Venue Owners undertake to comply with applicable consumer-protection, advertising, alcohol-licensing, gambling and similar laws in their jurisdiction.

7.3. Activities (polls, contests, tournaments, quests, auctions, events) hosted by a Venue Owner must not constitute regulated gambling, lotteries or financial instruments. Venue Owners are solely responsible for compliance.

7.4. We may, at our discretion and without liability, remove venues, activities or content, refund Tokens, suspend Users or Venue Owners, or otherwise intervene if a venue or activity is fraudulent, violates these Terms or applicable law, or is the subject of a credible complaint.

7.5. No regulated activity. Tokens are not money, electronic money or securities; the Service is not a financial market, exchange, money-transmission service, or gambling operator (section 4.1).

8. Acceptable Use

You agree that you will not, and will not permit any third party to:

• use the Service for any unlawful purpose or in violation of these Terms;
• upload content that is illegal, defamatory, obscene, hateful, harassing, sexually explicit involving anyone other than the poster, infringing, that misappropriates trade secrets or that violates privacy;
• send unsolicited sexual content, sexually solicit minors, engage in commercial sex work, human trafficking, or any activity that exploits or endangers a child;
• impersonate any person or entity, including using photos that are not of you;
• spoof or falsify your geolocation, device identifiers or check-in status; create fake check-ins; abuse referral or reward mechanics;
• collect, scrape, harvest, mirror or otherwise extract data (including photos, profiles, messages or venue data) from the Service except via interfaces we expressly authorise;
• reverse-engineer, decompile, disassemble or attempt to derive source code, except to the extent applicable law forbids such restriction;
• circumvent, disable or interfere with security or rate-limiting features, attempt unauthorised access, or probe the Service for vulnerabilities without written permission;
• use the Service to train, fine-tune or evaluate any machine-learning model, or to build a competing product or dataset;
• send spam, unsolicited messages, recruit for multi-level marketing, or perform any form of network abuse;
• introduce malware, exploits or other harmful technology;
• resell, sublicense or commercially exploit access to the Service except as expressly permitted (e.g., the Venue Owner Panel for your own venue);
• use the Service to organise illegal gatherings, illegal sale of alcohol or controlled substances, or any unlawful activity at venues.

9. Reports, Moderation and Enforcement

9.1. We rely on a combination of automated tooling, User reports and human review to moderate content and behaviour. You agree that you may be banned, suspended, rate-limited, shadow-limited, have content removed or be required to verify your identity if we reasonably believe you have violated these Terms.

9.2. Reports. You can report a User, message, venue or activity using in-product reporting. We do not disclose reporters' identities to the reported party.

9.3. Appeals. If you believe an enforcement action against you was wrong, you may appeal by emailing admin@eyestalk.app. We will review your appeal in good faith. We may decline to reinstate accounts that we reasonably believe pose a risk to other Users.

10. Intellectual Property

10.1. The Service, including all software, designs, trademarks, logos, algorithms, text, graphics and the arrangement thereof, is owned by us or our licensors and is protected by intellectual-property and other laws. Except for the limited rights expressly granted in these Terms, no rights are transferred to you.

10.2. Subject to your continued compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial purposes (and, for Venue Owners, for operating their venue through the Venue Owner Panel).

10.3. Feedback. If you send us suggestions, ideas or feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them for any purpose without obligation to you.

11. Copyright Complaints (DMCA / EU)

If you believe content on the Service infringes your copyright, send a notice to admin@eyestalk.app including: (a) your physical or electronic signature; (b) identification of the copyrighted work; (c) identification of the allegedly infringing material and its location on the Service; (d) your contact information; (e) a statement that you have a good-faith belief that the use is not authorised by the rightsholder, its agent or the law; and (f) a statement, under penalty of perjury, that the information in the notice is accurate and that you are authorised to act on behalf of the rightsholder. We will respond to valid notices and may remove infringing material and terminate repeat infringers.

12. Privacy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use and share personal data, your rights under applicable data-protection laws, and the processors we rely on.

13. Changes to the Service or these Terms

13.1. We may update, change or discontinue any part of the Service, including pricing, plan composition, Token costs, features and APIs, at any time, with reasonable notice where the change materially and adversely affects you.

13.2. We may amend these Terms by posting an updated version at this URL and updating the "Effective date" above. Material changes will be notified to you via in-product notice or email at least 14 days before they take effect, except where a shorter period is required for legal or security reasons. Continued use of the Service after the effective date constitutes acceptance. If you do not agree to a change, you must stop using the Service and may cancel your subscription.

14. Suspension & Termination

14.1. By you. You may stop using the Service and delete your account at any time from your account settings. Some data may be retained as described in the Privacy Policy.

14.2. By us. We may suspend or terminate your access to all or part of the Service, with or without notice, if (a) you breach these Terms or any applicable law; (b) we believe your conduct creates legal, financial, security or reputational risk for EyesTalk or other Users; (c) a payment is reversed or disputed; or (d) we are required to do so by law or by a third-party provider on which the Service depends.

14.3. Effect of termination. Upon termination, your right to use the Service ends immediately, your unused Tokens are forfeited (except where law requires otherwise), and any sections of these Terms that by their nature should survive (including sections 4–6, 10, 15–19) will survive.

15. Disclaimers

15.1. To the maximum extent permitted by applicable law, the Service and all content are provided "AS IS" and "AS AVAILABLE", with all faults, and we expressly disclaim all warranties, express, implied, statutory or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, security, uninterrupted or error-free operation, and any warranties arising from a course of dealing or usage of trade.

15.2. Personal safety. The Service is not a background-check, identity-verification, security or public-safety service. We do not screen Users, do not verify identities or ages beyond the means available to us, and cannot predict the conduct of other Users. You are solely responsible for your interactions with other Users, both in the app and in person. Always exercise caution.

15.3. Venues and third parties. We are not responsible for the conduct of Venue Owners, their staff or guests, the safety or quality of any venue, the accuracy of venue listings, or the availability of any service or product offered at a venue.

15.4. Some jurisdictions do not allow the exclusion of certain warranties. To the extent such exclusions are not permitted, the disclaimers above apply to the maximum extent allowed by law and your statutory consumer rights are not affected.

16. Limitation of Liability

16.1. To the maximum extent permitted by applicable law, in no event will EyesTalk, its officers, directors, employees, affiliates, agents, suppliers or licensors be liable to you for any:

• indirect, incidental, special, consequential, exemplary or punitive damages;
• loss of profits, revenue, data, goodwill or business opportunities;
• personal injury, property damage or wrongful death arising from your use of the Service, your interaction with other Users (online or in person), or your visit to any venue;
• damages resulting from third-party content, Venue Owner content, or other Users' conduct;
• damages resulting from unauthorised access to or alteration of your data, where caused by events outside our reasonable control;

whether based on warranty, contract, tort (including negligence), strict liability or any other legal theory, and whether or not we have been advised of the possibility of such damages.

16.2. Aggregate cap. Without limiting the foregoing, our total cumulative liability arising out of or relating to the Service or these Terms will not exceed the greater of (a) the amounts you paid to us for the Service in the three (3) months preceding the event giving rise to liability, or (b) USD 50.

16.3. The limitations and exclusions in this section do not limit liability that cannot be limited under applicable law (such as, in some jurisdictions, liability for fraud, gross negligence or wilful misconduct, or for death or personal injury caused by negligence). If any limitation is held unenforceable, the remaining limitations remain in full force.

17. Governing Law & Disputes

17.1. Informal resolution. Before bringing any formal claim, you agree to first contact us at admin@eyestalk.app with a written description of your claim and to negotiate in good faith for at least 30 days.

17.2. Governing law. These Terms and any dispute arising out of or relating to them or to the Service will be governed by the laws of the United Arab Emirates, excluding its conflict-of-laws rules and the UN Convention on Contracts for the International Sale of Goods.

17.3. Venue. Subject to mandatory consumer-protection law that grants you the right to bring proceedings in your country of residence, the competent courts of Dubai, United Arab Emirates will have exclusive jurisdiction over any dispute that is not subject to alternative dispute resolution.

17.4. EU consumers. Nothing in this section deprives you of the protection of mandatory provisions of the law of your country of habitual residence. EU consumers may also use the European Commission's ODR platform at https://ec.europa.eu/consumers/odr.

18. Operating Entity & Notices

The Service is operated by SAMPLIFY FZCO, a Free Zone Company licensed by the Dubai Silicon Oasis Authority (DSOA) (commercial licence No. 10142, UAE TRN 104045419900003, D-U-N-S 850103731), with registered address at Building A2, Office 101, Dubai Digital Park, Dubai Silicon Oasis, Dubai, United Arab Emirates. Legal notices to us must be sent to admin@eyestalk.app. Notices sent to you will be delivered to the email address on your account or posted in-product; such notices are deemed received on the day they are sent.

19. General

19.1. Entire agreement. These Terms, together with the Privacy Policy and any in-product terms presented at the time of use, are the entire agreement between you and us regarding the Service and supersede any prior agreements.

19.2. Severability. If any provision is held unenforceable, that provision will be modified to the minimum extent necessary or severed, and the remaining provisions will remain in full force.

19.3. No waiver. Our failure to enforce any right or provision is not a waiver of that right or provision.

19.4. Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganisation or sale of assets.

19.5. Force majeure. We are not liable for any failure or delay caused by events beyond our reasonable control, including natural disasters, epidemics, war, civil unrest, strikes, internet or power outages, denial-of-service attacks, or acts of government.

19.6. No third-party beneficiaries. These Terms do not create any third-party beneficiary rights.

19.7. Language. The English-language version of these Terms is the controlling version. Translations are provided for convenience only.

20. Contact

Questions about these Terms can be sent to:

SAMPLIFY FZCO
Building A2, Office 101, Dubai Digital Park, Dubai Silicon Oasis, Dubai, United Arab Emirates
Commercial Licence No.: 10142 (Dubai Silicon Oasis Authority (DSOA))
UAE TRN: 104045419900003
D-U-N-S: 850103731
Email: admin@eyestalk.app
Web: https://eyestalk.app