TERMS OF SERVICE
These Terms are effective immediately for those downloading the eezy mobile application (“eezy App”) after the date of the most recent update. These Terms also govern your access to the websites eezy.ai (“eezy Website”) and eezylife.com (“eezylife Website,” collectively referred to as “eezy Services,” “eezy,” “us,” “our,” and “we”). By accessing or using eezy, you are agreeing to these Terms and concluding a legally binding contract with the eezylife Inc., a Delaware corporation headquartered in New York City, NY 10169 (“eezylife”), eezy labs Ltd. a UK company, 20-22 Wenlock Road, N1 7GU, London, and eezy labs India Pvt. Ltd., an India company, 7/A, 14th A Cross, HSR Layout Sector-6, Bengaluru 560102, India.
We reserve the right to modify, amend, or change the Terms from time to time. The most current version of these Terms will be located here. You understand and agree that your access to or use of eezy is governed by the Terms effective at the time of your access to or use of eezy. We will also indicate at the top of this page the date that revisions were last made on. If we make material changes to these Terms, we will notify you by email or by posting a notice on the eezy Website prior to the effective date of the changes. In certain circumstances, we may notify you of a change to the Terms via email or other means, as appropriate under the circumstances; however, you should revisit these Terms on a regular basis, as revised versions will be binding on you. Any such modification will be effective upon our posting of the new Terms. You understand and agree that your continued access to or use of eezy after the effective date of modifications to the Terms constitutes your acceptance of the modifications, and you will be legally bound to the updated Terms. If you do not accept a change to the terms, you should stop using our services immediately.
We may translate these Terms into other languages for your convenience. Nevertheless, the English version governs your relationship with eezy Services, and any inconsistencies among the different versions will be resolved in favor of the English version.
Before you create an account on eezy, make sure you are eligible to use our services. In order to access eezy, you must:
- Be at least 16 years old;
- Have the requisite power and authority to enter into these Terms;
- Not be a competitor of eezy; and
- Not have been previously banned from eezy.
We grant you permission to use eezy subject to the restrictions in these Terms. Your use of eezy is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. If at any time you cease to meet these requirements, you must immediately delete your account, and we retain the right to remove your access to our services without warning.
You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
While using our services, you will have access to:
- Content that you upload and provide while using our services (“Your Content”);
- Content that other users submit or transmit to, through, or in connection with eezy (“Member Content”);
- Content that eezy creates and makes available in connection with our services (“Our Content”); and
- Content that originates from parties other than eezy or its users, which is made available in connection with eezy (“Third Party Content”).
In this agreement, “Content” means text, images, photos, audio, video, location data, and all other forms of data or communication.
We want our users to be able to express themselves as much as possible and share their opinions and experiences on eezy, but we prohibit sharing content that:
- contains language or imagery which could be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy any other person;
- is obscene, pornographic, violent, or otherwise may offend human dignity;
- is abusive, insulting or threatening, discriminatory or that promotes or encourages racism, sexism, hatred or bigotry;
- encourages any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offense;
- is defamatory, libelous, or untrue;
- relates to commercial activities (including, without limitation, sales, competitions, promotions, advertising, solicitation for services, 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 or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from eezy or otherwise;
- infringes upon any third party’s rights (including, without limitation, intellectual property rights, and privacy rights);
- includes the image or likeness of another person without that person’s consent;
- is harmful to minors; or
- may harm the reputation of eezy or its affiliates.
The uploading or sharing of content that violates these terms (“Prohibited Content”) may result in the immediate suspension or termination of your account.
You alone are responsible for Your Content, and once submitted to eezy, it cannot be withdrawn. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable.
You represent and warrant to us that you own or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by eezy. You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party rights, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary rights; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
Do not share anything that you would not want others to see, that would violate these Terms, or that may expose you or us to legal liability. We reserve the right to remove, screen, edit, or reinstate Your Content from time to time at our sole discretion for any reason or no reason, and without a notice to you. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
Other users will also share content on eezy Services. Member Content belongs to the user who posted the content and is stored on our servers and displayed at the direction of that user. While you will have access to Member Content, you do not have any rights in relation to other users’ Member Content, and you may only use Member Content to the extent that your use is consistent with our purpose of allowing users to share plans made in eezy. You may not copy the Member Content or use Member Content for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your account if you misuse Member Content.
Member Content (including any that may have been created by users employed or contracted by eezy) does not necessarily reflect the opinion of eezy.
Any other content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of Member Content and other eezy Content, computer code, products, software, aggregate user review ratings, and all other elements and components of eezy excluding Your Content, Member Content and Third Party Content is owned, controlled or licensed by us and protected by copyright, trademark and other intellectual property rights. All rights, title, and interest in and to Our Content remains with us at all times. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of Our Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in Our Content are retained by us.
Third Party Content
eezy Services may include links to other websites or applications (collectively, a "Third Party Site"). We do not control or endorse any Third Party Site. You agree that we are not responsible for the availability or contents of such Third Party Site. Your use of Third Party Sites is at your own risk. Some of the services made available through eezy may be subject to additional third party or open source licensing terms and disclosures.
RIGHTS YOU GRANT EEZY
By creating an account, you irrevocably grant to eezy worldwide, perpetual, non-exclusive, royalty-free, assignable, sub-licensable, transferable rights to use Your Content for any purpose. We may use Your Content to enrich information about places we recommend. We may display it to other users, reformat it, incorporate it into other content, and re-distribute it. For example, a quote or a picture from your feedback message about a place that you visited can be included to eezy's messages to other users. Please note, however, that we do not expose to other users your private information, which is transmitted to eezy as part of Your Content.
You also irrevocably waive, and cause to be waived, against eezy and its users any claims and assertions of moral rights or attribution with respect to Your Content. By "use" we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.
In addition, so that eezy can prevent the use of Your Content outside of eezy Services, you authorize eezy to act on your behalf with respect to infringing uses of Your Content taken from our Services by other users or third parties. This expressly includes the authority, but not the obligation, to send notices pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices) on your behalf if Your Content is taken and used by third parties outside of our Services. eezylife is not obligated to take any action with regard to use of Your Content by other users or third parties. eezy's license to Your Content is subject to your rights under applicable law (for example, laws regarding personal data protection to the extent the content contains personal information as defined by those laws).
In consideration for eezy allowing you to use our Services, you agree that we, our affiliates, and our third-party partners may place advertising on our services. By submitting suggestions or feedback to eezy regarding our services, you agree that eezy may use and share such feedback for any purpose without compensating you.
You agree to:
- comply with these Terms, and check this page from time to time to ensure you are aware of any change;
- comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, equal opportunity laws, and regulatory requirements;
- treat other users in a courteous and respectful manner, both on and off our services and abide by our membership principles; and
- use the services in a professional manner.
You also agree that you will not, nor will not assist, encourage, or enable others to:
- engage in activities that violate these Terms;
- report false information and submit fake content to eezy about places you have or have not visited;
- harass, bully, stalk, intimidate, assault, defame, harm or otherwise mistreat any person;
- use eezy Services to violate any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- attempt to reverse engineer, alter or modify any part of eezy Services;
- modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit Member Content or Our Content, except as expressly authorized by eezylife;
- remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of eezy Services or on any materials printed or copied from eezy;
- use eezy Services to violate any applicable law;
- use any robot, crawler, site search or retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of Our Content or services;
- use eezy Services to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature;
- “frame” or “mirror” any part of eezy Services without eezylife’s prior written authorization;
- take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on eezylife's technology infrastructure or otherwise make excessive traffic demands of eezy;
- attempt to gain unauthorized access to eezy, user accounts, computer systems or networks connected to eezy Services through hacking, password mining or any other means;
- use any device, software or routine that interferes with the proper working of eezy Services, or otherwise attempt to interfere with the proper working of eezy Services; or
- remove, circumvent, disable, damage, or otherwise interfere with any security-related features of eezy, features that prevent or restrict the use or copying of Our Content, or features that enforce limitations on the use of eezy.
The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 30 days' prior written notice to us by email (email@example.com), together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.
- take action regarding suspected illegal activities;
- comply with legal process or other governmental inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us;
- respond to your requests for customer service; or
- protect the rights, property, or personal safety of eezylife or any other person.
If you use eezy Services outside of the United States, you consent to having your personal data transferred to and processed in the United States. We may use user personal data including your private information to enhance the quality of eezy's recommendations, as well as to add new product features, including but not limited to exposing content from third parties in the conversation.
SUGGESTIONS AND IMPROVEMENTS
By sending us any ideas, suggestions, documents, or proposals (“Feedback”), you agree that:
- your Feedback does not contain the confidential or proprietary information of third parties;
- we are under no obligation of confidentiality, express or implied, with respect to the Feedback;
- we may have something similar to the Feedback already under consideration or in development; and
- you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute, and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against eezylife and eezy’s users any claims and assertions of any moral rights contained in such Feedback.
All the actions you make and information you share on eezy Services remain your responsibility. Therefore, you agree to indemnify, defend, and hold eezylife, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents, and representatives of each of them (collectively, the "eezylife Entities") harmless, including costs, liabilities, and legal fees, from any claim or demand made by any third party arising out of or relating to:
- your access to or use of eezy;
- your violation of the Term;
- any products or services purchased or obtained by you in connection with eezy; or
- the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.
We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of eezylife. eezylife will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
DIGITAL MILLENNIUM COPYRIGHT ACT
eezylife has adopted the following policy towards copyright infringement in accordance with the Digital Millennium Copyright Act (the “DMCA”). If you believe any Member Content or Our Content infringes upon your intellectual property rights, please submit a notification alleging such infringement (“DMCA Takedown Notice”), including the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
- Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Any DMCA Takedown Notices should be sent via email to firstname.lastname@example.org or by mail at 230 Park Ave, 24th Floor, New York, NY 10169.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE EEZYLIFE ENTITIES TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING EEZY. BY ACCESSING OR USING EEZY, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.
- EEZY IS MADE AVAILABLE TO YOU ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE EEZYLIFE ENTITIES MAY NOT MONITOR, CONTROL, OR VET CONTENT PROCESSED AND EXPOSED IN EEZY. AS SUCH, YOUR USE OF EEZY IS AT YOUR OWN DISCRETION AND RISK. THE EEZYLIFE ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF EEZY, ITS SAFETY OR SECURITY, OR ITS CONTENT. ACCORDINGLY, THE EEZYLIFE ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM EEZY'S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF RECOMMENDATIONS, PROVIDED BUSINESS INFORMATION, OPINIONS, QUOTES, REVIEWS AND OTHER, OR METRICS FOUND ON, USED ON, OR MADE AVAILABLE THROUGH EEZY.
- II. THE EEZYLIFE ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY OR EEZY'S USERS. ACCORDINGLY, THE EEZYLIFE ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES FEATURED ON EEZY. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH EEZY IS AT YOUR OWN DISCRETION AND RISK.
- THE EEZYLIFE ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES RECOMMENDED IN EEZY, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ONE OF THE EEZYLIFE ENTITIES SHALL CREATE A REPRESENTATION OR WARRANTY.
- YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH EEZY, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF EEZY.
- THE EEZYLIFE ENTITIES' MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH EEZY OR THESE TERMS IS LIMITED TO THE GREATER OF:
- THE AMOUNT PAID, IF ANY, BY YOU TO THE EEZYLIFE ENTITIES IN CONNECTION WITH EEZY IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR
- 50 USD.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EEZYLIFE ENTITIES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE OR RELIANCE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, REPUTATIONAL HARM, BUSINESS INTERRUPTION, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICES; OR (III) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF EEZY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL EEZY’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO EEZY FOR THE SERVICES WHILE YOU HAVE AN ACCOUNT.
- DISPUTE RESOLUTION
Except for users residing within the EU or European Economic Area, and where prohibited by law:
- The exclusive means of resolving any dispute or claim arising out of or relating to these Terms (including any alleged breach thereof) or our Services shall be BINDING ARBITRATION administered by JAMS under the JAMS Streamlined Arbitration Rules & Procedures. The one exception to the exclusivity of arbitration is that either party has the right to bring an individual claim against the other in a small-claims court of competent jurisdiction, or, if filed in arbitration, the responding party may request that the dispute proceed in small claims court if the party’s claim is within the jurisdiction of the small claims court. If the responding party requests to proceed in small claims court before the appointment of the arbitrator, the arbitration shall be administratively closed, and if requested after the appointment of the arbitrator, the arbitrator shall determine if the dispute should be decided in arbitration or if the arbitration should be administratively closed and decided in small claims court. Whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding.
- By using our Services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all issues regarding the arbitrability of the dispute. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company (except for small-claims court actions) may be commenced only in the federal or state courts located in New York City County, New York. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- The online dispute settlement platform of the European Commission is available under http://ec.europa.eu/odr. eezylife does not take part in dispute settlement procedures in front of a consumer arbitration entity for users residing in the EU or European Economic Area.
- CHOICE OF LAW AND VENUE
New York law will govern these Terms, as well as any claim, cause of action or dispute (a "Claim") that might arise between you and eezylife, without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN NEW YORK CITY COUNTY, NEW YORK.
You may terminate the Terms at any time by discontinuing your use of eezy and providing us with a notice of termination by e-mail at email@example.com. We may close your account, suspend your ability to use certain portions of eezy, and/or ban you altogether from eezy for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, eezy Services, Your Content, Our Content, or any other related information.
All provisions of these Terms, which by their nature should survive, shall survive termination of these Terms, including, without limitation, dispute resolution, ownership provisions, warranty disclaimers and limitation of liability.
- ACCEPTANCE OF TERMS
- ENTIRE AGREEMENT
We reserve the right to modify, update, or discontinue eezy at our sole discretion, at any time, for any or no reason, and without notice or liability.
We may provide you with notices, including those regarding changes to the Terms by email or communications through eezy Services.
The Terms, and any rights or obligations hereunder, are not assignable, transferable, or sub-licensable by you except with eezylife´s prior written consent but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.
The section headings are inserted for convenience only and shall have no legal or contractual effect.
Any word both capitalized and uncapitalized will be deemed to have the same meaning.