Additional Terms of Service Agreement

1. THIS IS A BINDING AGREEMENT

1.1 Below are the terms that relate to all Users of Blinqeye, Blinqeye2, mobile & online services. The Mobile Application Blinqeye/Blinqeye2 is a wellness game to promote blinking of eyes and also provides some easy to do animated eye exercises to reduce eye strain/fatigue. The front selfie camera is used to detect the eye blinks and used as actions in the Blinqeye/Blinqeye2 game. At no time does the app record your images or store or upload to any site. The game/exercises work without the use of internet and any interaction happens local to the device.  We do not upload any of your personal records and all data is local to your device. As you explore our Mobile Application & utilize our services, do not hesitate to contact us if you have any queries.

These Terms and Conditions of Use Agreement (Agreement) between you and Blinqeye/Blinqeye2 puts forth the broad terms & conditions governing your use of the Blinqeye/Blinqeye2 APP & the services available on the APP. BY OPENING OR UTILIZING THE SERVICES, YOU CONSENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR UTILIZE THE Blinqeye/Blinqeye2 APP.

1.2 As specified in this Contract, the terms “Blinqeye”, “Blinqeye2”, “we,” “us,” or “our” denote Blinqeye/Blinqeye2. As specified in this Agreement, the term “User” is as defined herein. We use the front facing or selfie camera in video mode to detect the user’s face to detect the facial expression primarily the blinking of the eye. We undertake that we do not store any face data on the user’s phone nor share with any third party at any point inside the application. Here are some more details to ensure the user’s privacy:

1.2a Collection of Face Data :

The app (Blinqeye/Blinqeye2) uses the front selfie camera in streaming video mode to capture and process the facial image primarily to detect the facial expression such as the blinking of the user’s eyes.

We undertake that no data is collected nor stored on the device or off the user’s device at any given point. The video frames are processed on the fly and when the eye blink expression is detected it is used as an action inside this shooting game.

1.2b Use of Face Data:

Blinqeye/Blinqeye2 uses the face data to detect if the user has blinked (eye closed/eye open) left, right or both eyes. This blink detection of (left, right or both) eyes is then used as actions inside this game. When a balloon/fruit/object is inside the crosshairs and if the person blinks at that moment the object explodes.

We undertake that the face data is only processed real time and discarded after the event. The data from the camera is not stored on the device or on any remote location at any point inside the application.

1.2c Disclosure of Face Data

No data is collected, stored, streamed nor shared, with any third party at any point inside this application

We undertake that the face data is only processed real time and discarded after the event. The data from the camera is not stored on the device or on any remote location at any point inside the application.

1.2d Sharing of Face Data:

No data is shared, with any third party at any point inside this application

We undertake that the face data is only processed real time locally on the user’s device and is discarded after the blink event is detected. The face data from the camera is not stored nor shared with any third party at any point inside the application.

1.2e Retention of Face Data:

No face data is retained inside the application. The video streamed data is analysed realtime and the facial expression is detected for use inside the application. No video data is stored on the device or any remote location nor the data is shared with any third party.

We undertake that the face data is only processed real time from the streamed camera feed and discarded after the event. The face data from the camera is not retained at any point inside the application.

1.3 The Blinqeye/Blinqeye2 Mobile Application (“Blinqeye” or “Blinqeye2”) is a wellness tool supplied by Blinqeye/Blinqeye2 to promote better eye health by blinking often. This application for entertainment use only.

1.4 Definitions

(a) “User” means a private individual who carries out or accepts this Agreement with Blinqeye/Blinqeye2 to play the game or perform animated assisted eye exercises.

1.5 The Blinqeye/Blinqey2 APP is solely for private & noncommercial entry and utilization. As a condition of continued utilization of the APP, Users concede to utilize the APP only in agreement with the terms & conditions put forth in this Agreement, as revised from time to time without prior announcement.

2. RIGHT TO USE, APP CONTENT, GENERAL INFORMATION

2.1 Blinqeye/Blinqeye2 hereby gives to the Users the right to enter, view, and utilize the APP, in accordance with the terms & conditions of this Agreement. Blinqeye/Blinqeye2 reserves the right to append fresh features to the APP & eliminate existing arrangements from the APP without prior intimation. 

2.2 BLINQEYE/BLINQEYE2 DOESN’T PRACTICE MEDICINE OR DISTRIBUTE MEDICINAL OR DIAGNOSTIC SERVICES. THE INFORMATION IS SOLELY FOR THE PURPOSE OF INFORMATION, EDUCATION AND ENTERTAINMENT.

2.3 The material on the Blinqeye/Blinqeye2 APP comprising but not restricted to, text, graphics, images, information acquired from third parties, links & other material (“Content”) is solely for the purpose of information, entertainment and education.

2.4 The Content on the Blinqeye/Blinqeye2 APP should not be substituted for medical or health advice. Nothing on the APP is aimed at medical diagnosis or treatment or as a suggestion of a course of treatment for a specific Subscriber or User. The Content does not aim to be an auxiliary for qualified medical guidance, analysis, or treatment.

2.5 Users must never ignore qualified medical guidance or treatment or postpone seeking qualified medical diagnosis or treatment because of data on the Blinqeye/Blinqeye2 APP. The material on the Blinqeye/Blinqeye2 APP should not be utilized in lieu of an appointment, call, consultation, or guidance to, with, or from a qualified healthcare professional, inclusive of a personal physician.

2.6 Material acquired from the Blinqeye/Blinqeye2 APP is not in-depth, should not be considered comprehensive and does not include all diseases, ailments, physical or mental conditions, or their treatment. The assistance of the User’s physician and/or any other qualified healthcare supplier should be acquired directly from that particular medical doctor or medicare provider as applicable. ANY QUESTIONS ABOUT ANY MEDICAL AILMENT, SYNDROME OR TREATMENT FOR ANY CONDITION SHOULD BE EXPRESSED TO YOUR PHYSICIAN OR A QUALIFIED HEALTHCARE SUPPLIER.

3. ACCESS TO AND USE OF THE APP BY SUBSCRIBERS AND USERS

3.1 Right to utilization of the Blinqeye/Blinqeye2 APP and Website is obtainable currently free-of-cost and some in-app purchase available for unrestricted use of app to certain levels or lives in the gaming context & Blinqeye/Blinqeye2 reserves the right to change the rights of Subscription. Blinqeye/Blinqeye2 reserves the right to charge or change Subscription Fees, surcharges, and/or other fees at any time without prior notice.

4. SUBSCRIBERS’ AND USERS’ RESPONSIBILITIES

4.1 Subscribers and Users agree:

(a) not to present onto the APP or to users of the APP, explicitly or indirectly, computer viruses, worms, Trojan horses or other code that establishes or could potentially noticeable contaminating or destructive properties;

(c) as to specific Subscribers and their related Users, to be responsible for all charges resulting from the access and use of the Subscriber’s Account, including any illegal access and utilisation, if any;

(d) to report to Blinqeye/Blinqeye2 as soon as reasonably practicable of any actual or alleged illegal usage of the Subscriber’s Account;

(f) to conform with instructions provided by Blinqeye/Blinqeye2 for utilising, maintaining, or modifying the Subscriber’s Account; and

(g) to acquiesce with Blinqeye/Blinqeye2 Privacy Policy.

4.2 Every Subscriber and User is accountable for the communications presented to; or entered into the Subscriber’s Account and their corresponding access and utilization of the Blinqeye/Blinqeye2 APP. A User, may not, under any circumstances, do any of the following:

(a) Disseminate any material that is defamatory or derogatory;

(b) Disseminate any communication, material, image or program that is offensive, lewd or pornographic;

(c) Disseminate any communication, documents, image or program that would encroach upon the property rights of others, including illegal copyrighted materials, trade secrets or other private patented information and trademarks or service marks used in an trespassing manner;

(d) Utilize the Blinqeye/Blinqeye2 APP to threaten, stalk, abuse, harass, or otherwise impinge on the legal rights, including rights of privacy and publicity, of others;

(e) Utilize the Blinqeye/Blinqeye2 APP to promote or offer, on an unsolicited basis, to vend goods or services to other Users or utilize the APP for intent of dispensing unsolicited messages to one or more persons;

(f) Store files that comprise software or other data protected by intellectual property laws, privacy or publicity laws or any other applicable law unless personally owned, controlled or unless the necessary permission(s) to utilize, gain access, and/or communicate such files has been received;

(g) Utilize the Blinqeye/Blinqeye2 APP in such a style as to adversely affect the availability of its resources to others;

(h) Incorrectly or falsely imply to be an employee or agent of Blinqeye/Blinqeye2;

(i) Fail to conform with applicable laws and regulations while utilizing or gaining access to the Blinqeye/Blinqeye2 APP; or

(j) Post or communicate any message or material that is damaging, threatening, abusive or hateful. Blinqeye/Blinqeye2 reserves the right to take any action, as it judges suitable in cases where the Blinqeye/Blinqeye2 APP is utilized to distribute statements that are intensely and widely aggressive and/or harmful.

4.3 Each time a User stores or shares information, data, a medical document or a file to the Blinqeye/Blinqeye2 APP, the User, represents that he or she owns or otherwise controls the rights to the information, data, document, or file & that he or she has the necessary permissions to share it.

4.4 You signify and certify that you possess the legal right to enter into this Agreement & to utilize the Blinqeye/Blinqeye2 APP in accordance with this Agreement.

4.5 You further comprehend and agree to conform to the responsibilities and culpabilities as set forth in this Agreement. You comprehend & agree that not complying with any of the foregoing limitations or obligations may result in civil or criminal charges.

5. TERM TERMINATION

5.1 The Effective Date of this Agreement is the date on which the User starts using the Blinqeye/Blinqeye2 APP.

5.2 A User may access & utilize the Blinqeye/Blinqeye2 APP:

5.3 Either party may end the User’s right to use the APP and/or his or her Account and participation under this Agreement at any time, with or without cause, by uninstalling the APP.

6. Blinqeye/Blinqeye2 AND APP OPERATIONS

6.1 Blinqeye/Blinqeye2 has whole and singular decision over the management of the Blinqeye/Blinqeye2 APP. Blinqeye may: withdraw, suspend or discontinue any functionality or feature of the Blinqeye/Blinqeye2 APP without prior notice, among other things.

6.2 Blinqeye/Blinqeye2 shall sustain technological systems, policies & measures to safeguard against illegal access to material conveyed electronically, inclusive of encryption and/or suitable technical security mechanisms.

6.3 Blinqeye/Blinqeye2 shall not utilize, divulge, or process the usage data entered for a User’s Account except to the scope required for the correct administration and management of the information or to carry out the legal duties of Blinqeye/Blinqeye2.

6.4 The addition of any backlink on the Blinqeye/Blinqeye2 APP does not assume as consent by Blinqeye/Blinqeye2 of any content, products, or services supplied by the linked Mobile Application, but is for Blinqeye/Blinqeye2 Subscribers’ and Users’ reference and expediency only.

6.5 Blinqeye/Blinqeye2 cannot and will not appraise communications and data posted or uploaded to the Blinqeye/Blinqeye2 APP for correctness or comprehensiveness, and Blinqeye/Blinqeye2 is not accountable for the content of such communications and materials.

6.6 Blinqeye/Blinqeye2 reserves the right to delete or block communications or materials that Blinqeye/Blinqeye2 concludes, in its sole decision, to be (a) offensive, defamatory, defamatory or vulgar, (b) duplicitous, false or misleading, (c) infringe a copyright or trademark or other intellectual property right of another, (d) enclose or have attached a program, virus, worm, or other device or code that could pose a technological security risk to Blinqeye/Blinqeye2 or the Blinqeye/Blinqeye2 APP.

Blinqeye/Blinqeye2 Privacy Policy

Blinqeye/Blinqeye2 APP supplies Users with the capability to perform eye exercises using gaming as well as animated illustrations on the User’s mobile device.

Other Information

Blinqeye/Blinqeye2 does not gather any non-personally identifiable information from APP visitors to track the total of number of visitors to the APP in cumulative form and categorize the type of Internet web browser and operating system used by the visitor. 

Collection of Personal Information From Children and Use By Children

The Mobile Application is not intended for use by individuals under the age of 13 without adult supervision. The Mobile Application is a wellness app utilising gaming to promote eye wellness. Please consult your doctor to check if this game and exercises are right for you. 

Notification of Changes

If we decide to alter our privacy policy, we will notify these modifications on this page so that you are always aware of what information we gather, how we utilize it and under what circumstances we divulge it. Irrespective of future updates, we will under no circumstances utilize the data you enter under this current policy in a new way without first providing you a chance to opt-out or otherwise avert that use.