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OPTOVERA PLATFORM

 

TERMS OF SERVICE

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Effective Date: January 1, 2026

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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.

 

3. CUSTOMER RESPONSIBILITIES

Customer is solely responsible for:

  1. Lawful Use
    Ensuring use of the Services complies with applicable labor, employment, health, and data-protection laws.

  2. Worker Transparency
    Providing legally required notices and disclosures to Authorized Users and Data Subjects.

  3. 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.

  4. Access Control
    Managing user permissions and safeguarding credentials.

 

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

  • 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

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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.

 

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:

  • 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

Some jurisdictions do not allow certain limitations; in such cases, liability is limited to the maximum extent permitted by law.

 

10. INDEMNIFICATION

Customer shall indemnify and hold harmless SOBEREYE from claims arising out of:

  • Customer’s misuse of the Services

  • Violation of applicable laws

  • Breach of these Terms

 

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. CHANGES TO TERMS

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

 

14. CONTACT

SOBEREYE, INC.:  info@sobereye.com

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