OPTOVERA PLATFORM

TERMS OF SERVICE

Effective Date: January 1, 2026

These Terms of Service (“Terms”) govern access to and use of the OPTOVERA platform, applications, devices, and related services (collectively, the “Services”) provided by SOBEREYE, INC. (“SOBEREYE,” “we,” “us,” or “our”).

By accessing or using the Services, you agree to be bound by these Terms.

1. DEFINITIONS

“Customer” means the legal entity that has entered into an order form, subscription, or other agreement with SOBEREYE to access the Services.
“Authorized User” means an individual authorized by Customer to use the Services, including employees or contractors.
“Data Subject” means an individual whose personal data is processed through the Services.
“Customer Data” means data submitted to or generated through the Services by or on behalf of Customer.
“Order Form” means a written or electronic ordering document referencing these Terms.
“Documentation” means official user guides and technical documentation provided by SOBEREYE.

2. SCOPE OF SERVICES

OPTOVERA is a workforce readiness and safety decision-support platform designed to help organizations identify indicators associated with fatigue, reduced alertness, and other factors that may increase operational risk.

The Services:

Provide indicators and insights, not determinations
Are not medical devices
Do not provide medical, clinical, or diagnostic opinions
Do not determine legal fitness for duty or compliance with laws

Customer retains full responsibility for how outputs are interpreted and used.

The Services are intended to support Customer’s safety management and operational decision-making processes. SOBEREYE does not guarantee the prevention of accidents, incidents, injuries, or fatalities, and does not assume responsibility for safety outcomes resulting from Customer’s use of the Services.

Customer is solely responsible for determining whether and how to act on any output provided by the Services.

3. CUSTOMER RESPONSIBILITIES

Customer is solely responsible for:

Lawful Use
Ensuring use of the Services complies with applicable labor, employment, health, and data-protection laws.
Worker Transparency
Providing legally required notices and disclosures to Authorized Users and Data Subjects.
Human Oversight
Ensuring that outputs from the Services are reviewed by qualified personnel and are not used as the sole basis for automated employment decisions.
Access Control
Managing user permissions and safeguarding credentials.
Decision Authority.
Customer is solely responsible for determining whether, when, and how to act on any output, indicator, or insight generated by the Services. The Services do not make decisions on behalf of Customer.

4. ACCEPTABLE USE

Customer and Authorized Users shall not:

Reverse engineer, decompile, or attempt to derive source code
Circumvent security or usage limits
Use the Services for unlawful, discriminatory, or punitive purposes
Use the Services as the sole basis for automated disciplinary action, termination, or other adverse employment decisions.
Misrepresent platform outputs as medical or legal determinations
Interfere with system integrity or availability

5. DATA PROTECTION & PRIVACY

5.1 Roles

Customer acts as the data controller
SOBEREYE acts as a data processor with respect to Customer Data

5.2 Data Processing Agreement

The Data Processing Agreement (“DPA”) forms part of these Terms by reference and governs the processing of personal data under applicable laws, including GDPR and LGPD.

https://www.sobereye.com/data-processing-agreement

5.3 Privacy Policy

Use of the Services is also subject to SOBEREYE’s Privacy Policy, available at: https://www.sobereye.com/privacy-policy

5.4 International Data Transfers
Where Customer Data is transferred internationally, such transfers are governed by the DPA and implemented in accordance with applicable data protection laws.

5.5 Exclusivity of Data Protection Obligations
SOBEREYE’s obligations with respect to the processing of personal data are limited to those expressly outlined in the Data Processing Agreement. Nothing in these Terms shall expand SOBEREYE’s data protection obligations beyond the DPA.

6. INTELLECTUAL PROPERTY

SOBEREYE retains all rights, title, and interest in the Services, including software, algorithms, models, and Documentation.

Customer is granted a limited, non-exclusive, non-transferable license to use the Services during the subscription term, solely for internal business purposes.

Customer retains ownership of Customer Data.

7. FEES & PAYMENT

Fees, billing terms, and subscription duration are set forth in the applicable Order Form. Except as expressly stated, fees are non-refundable.

8. WARRANTY DISCLAIMER

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SOBEREYE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

SOBEREYE DOES NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED.

9. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SOBEREYE SHALL NOT BE LIABLE FOR PERSONAL INJURY, BODILY HARM, OR DEATH ARISING FROM CUSTOMER’S USE OF THE SERVICES OR RELIANCE ON ANY OUTPUTS.
SOBEREYE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES
SOBEREYE’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES SHALL NOT EXCEED THE FEES PAID BY CUSTOMER TO SOBEREYE IN THE 12 MONTHS PRECEDING THE CLAIM

10. INDEMNIFICATION

Customer shall indemnify, defend, and hold harmless SOBEREYE from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
(a) Customer’s misuse of the Services;
(b) Customer’s violation of applicable laws or regulations;
(c) Customer’s breach of these Terms; or
(d) any employment action, labor dispute, regulatory enforcement, workplace incident, or decision made by Customer based on or in connection with the use of the Services.

11. SUSPENSION & TERMINATION

SOBEREYE may suspend or terminate access to the Services if Customer materially breaches these Terms or applicable law.

Upon termination:

Customer access ceases
Data handling follows the DPA

12. GOVERNING LAW

These Terms are governed by the laws of the State of California, without regard to conflict-of-laws principles. Any disputes shall be brought exclusively in state or federal courts located in California, unless otherwise agreed in writing.

13. FORCE MAJEURE
SOBEREYE shall not be liable for any delay or failure in performance resulting from events beyond its reasonable control, including but not limited to acts of God, natural disasters, epidemics or pandemics, labor disputes, failures of utilities or telecommunications networks, governmental actions, cyber incidents not caused by SOBEREYE’s gross negligence, or other force majeure events.

14. CHANGES TO TERMS

SOBEREYE may update these Terms from time to time. Continued use of the Services constitutes acceptance of the updated Terms.

15. CONTACT

SOBEREYE, INC.: info@sobereye.com