Eyes Up — End User License Agreement (EULA)

Effective: August 21, 2025 • Version: 1.0.0

1. 1. Acceptance of this EULA
2. 2. Eligibility; Your Responsibilities
3. 3. Privacy & Data
4. 4. User Content; Zero‑Tolerance Policy
5. 5. License You Grant to Us
6. 6. Intellectual Property; DMCA/Copyright Policy
7. 7. Prohibited Conduct
8. 8. Safety, Recording Laws & No Emergency Services
9. 9. Moderation; Enforcement
10. 10. Service Changes; Availability
11. 11. Disclaimers
12. 12. Limitations of Liability
13. 13. Indemnification
14. 14. Term & Termination
15. 15. Apple App Store Terms
16. 16. Governing Law; Venue
17. 17. Changes to this EULA
18. 18. Contact

1. Acceptance of this EULA

These terms are a legal agreement between you and Kreisau Group LLC ("we," "us," or "our") governing your use of the Eyes Up mobile applications and related websites/services (collectively, the "Service"). By creating an account or using Record/Upload, you agree to this EULA. If you don’t agree, don’t use the Service.

2. Eligibility; Your Responsibilities

You must be at least 13 years old (or the minimum age of digital consent where you live) to use the Service. You are responsible for the content you post and for maintaining the security of your device and account.

3. Privacy & Data

Your use is also governed by our Privacy Policy, which explains what data we collect and how we use it. Recording features may request access to your camera, microphone, and (optionally) location to tag where a video was captured. We do not track your location in the background. You can disable permissions at any time in your device settings.

4. User Content; Zero‑Tolerance Policy

You retain ownership of content you submit ("User Content"). You must have all rights necessary to post it, including the right to record where you are. We have a zero‑tolerance policy for objectionable content or abusive users. Objectionable content includes, without limitation:

• Harassment, hate speech, threats, or incitement of violence;
• Graphic violence or gore meant to shock or celebrate harm;
• Sexually explicit content; any sexual content involving minors is strictly prohibited and will be reported;
• Doxxing or disclosure of sensitive personal data (e.g., home addresses, IDs) without consent;
• Illicit content, unlawful activity, or instructions to facilitate harm or evasion of law;
• Spam, scams, or malicious links;
• Content that violates others’ privacy or intellectual property rights.

We may remove content and restrict access at our sole discretion. Use the in‑app Report feature or email [email protected] to report violations.

5. License You Grant to Us

To operate the Service, you grant us a worldwide, non‑exclusive, royalty‑free, transferable and sublicensable license to host, store, reproduce, adapt (e.g., transcode or generate thumbnails), transmit, display, and distribute your User Content in connection with the Service, including via our vendors and content delivery partners. This license ends when you delete your content from the Service, subject to reasonable archival, backup, or legal retention.

6. Intellectual Property; DMCA/Copyright Policy

All rights in the Service and our trademarks remain with us and our licensors. We respect intellectual property. If you believe content infringes your copyright, send a notice to our designated agent:

We may terminate accounts of repeat infringers.

7. Prohibited Conduct

• Interfering with the Service, attempting to bypass security or limits, or scraping without permission;
• Using the Service to stalk, harass, intimidate, or discriminate;
• Posting or transmitting malware or attempting to access accounts without authorization;
• Impersonation or misrepresentation of affiliation;
• Any use that violates applicable law or third‑party rights.

8. Safety, Recording Laws & No Emergency Services

Safety first: Do not endanger yourself or others while recording. Follow lawful orders, keep a safe distance, and never interfere with emergency responders. Know the law: You are solely responsible for complying with recording, wiretap, and privacy laws where you record. Seek legal advice if you are unsure. No emergency access: Eyes Up is not a replacement for 911 or emergency services.

9. Moderation; Enforcement

We may remove or refuse to distribute any User Content, suspend or terminate users, and reclaim usernames without liability to you. We may preserve and disclose information when we believe it is reasonably necessary to comply with law, enforce our terms, or protect safety, rights, or property. We strive to provide fair, consistent enforcement but reserve discretion needed to protect the community.

10. Service Changes; Availability

We may change, suspend, or discontinue the Service (or any part) at any time. We are not liable for outages, network issues, or failures of third‑party services we rely on (e.g., hosting, content delivery, maps).

11. Disclaimers

The Service is provided on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, non‑infringement, and accuracy. We do not control or endorse User Content and are not responsible for it.

12. Limitations of Liability

To the fullest extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of data, profits, or revenues, arising from or related to your use of the Service, whether based in contract, tort, or any other legal theory, even if we have been advised of the possibility of such damages. Our total liability for any claim is limited to the greater of (a) amounts you paid us in the 12 months before the claim, or (b) US $100.

13. Indemnification

You agree to defend, indemnify, and hold harmless Kreisau Group LLC and our officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to your User Content, your use of the Service, or your violation of this EULA or applicable law.

14. Term & Termination

This EULA remains in effect until terminated. You may stop using the Service at any time. We may suspend or terminate your access immediately for any reason, including violations of this EULA. Sections that by their nature should survive (e.g., licenses, disclaimers, limitations of liability) will survive termination.

15. Apple App Store Terms

If you downloaded the iOS app from Apple’s App Store, the following apply: (a) this EULA is between you and Kreisau Group LLC, not Apple; (b) Apple is not responsible for the app or its content, and has no obligation to furnish maintenance or support; (c) to the extent any warranty exists, we—not Apple—are responsible; (d) we—not Apple—are responsible for addressing claims relating to the app or your possession/use (e.g., product liability, legal compliance, privacy); (e) in the event of a third‑party claim that the app infringes a third party’s IP rights, we—not Apple—are responsible for the investigation, defense, settlement, and discharge of such claim; (f) you represent and warrant that you are not located in a country subject to U.S. Government embargo or designated as “terrorist supporting,” and you are not listed on any U.S. Government list of prohibited or restricted parties; and (g) you acknowledge that Apple and Apple’s subsidiaries are third‑party beneficiaries of this EULA and, upon your acceptance, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third‑party beneficiary.

16. Governing Law; Venue

Unless prohibited by law, this EULA is governed by the laws of New Mexico, U.S., excluding its conflict‑of‑laws principles. The exclusive venue for disputes will be the courts located in Albuquerque, New Mexico.

17. Changes to this EULA

We may update this EULA from time to time. If we make material changes, we will provide notice in the app or by other reasonable means. Your continued use after the effective date constitutes acceptance. If you do not agree to changes, you must stop using the Service.

18. Contact

Questions, reports, or legal notices may be sent to: [email protected] • Kreisau Group LLC, 1209 MOUNTAIN ROAD PL NE STE N, ALBUQUERQUE, NM 87110