Terms of Service - EyenBros

Welcome to EyenBros !

Welcome to EyenBros. By accessing or using the EyenBros Platform, you agree to comply with and be bound by these Terms. These Terms constitute a legally binding agreement ("Agreement") between you and EyenBros governing your access to and use of the EyenBros website.

When these Terms mention “EyenBros,” “we,” “us,” or “our,” it refers to the EyenBros Company you are contracting with. Your contracting entity will generally be determined based on your country of residence or establishment.

You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your Projects, Services (as defined below). As a Professional, you are alone responsible for identifying and obtaining any required licenses, permits, or registrations for any Services you offer. Certain types of Services may be prohibited altogether.

EyenBros reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms. We will inform you at least thirty (30) days before the date they become effective. Your continued access to or use of the EyenBros Platform will constitute acceptance of the revised Terms.

Last Updated: May 17, 2020

Scope of EyenBros
1. The EyenBros Platform is a social platform that enables registered users (“Members”) and third parties to call for and offer services. Members and third parties who call for services and proposals for services are “Customers”, Members and third parties who offer services and send proposals for Services, are “Professionals” and the services they offer are “Services”). Services may include a variety of offline and online related services. Customers call for Services in a form of “Projects”. Professionals may and to communicate and transact directly with Customers. Professionals make offers to win Projects through “Proposals”, Professionals and Customers interact to keep track of the Service through “Progress”. Members can create tribes of common interest (“Tribes”), the tribe creator is by default the “Tribe leader”, they may assign other tribe leaders, and can lead projects for the benefit of the tribe interest “Tribe Projects”.
2. As the provider of the EyenBros Platform, EyenBros does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Services. Members alone are responsible for their Projects and Services. When Members make or accept a Service, they are entering into a contract directly with each other. EyenBros is not and does not become a party to or other participant in any contractual relationship between Members.
3. While we may help facilitate the resolution of disputes, EyenBros has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Projects, Services, (ii) the truth or accuracy of any project descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. EyenBros does not endorse any Member, projects or Services. You should always exercise due diligence and care when deciding whether to buy a Service, accept Proposal, sell a Service, or communicate and interact with other Members, whether online or in person.
4. If you choose to use the EyenBros Platform as a Professional or a Customer, your relationship with EyenBros is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of EyenBros for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of EyenBros. EyenBros does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Services. You acknowledge and agree that you have complete discretion whether to list Services or otherwise engage in other business or employment activities.
5. To promote the EyenBros Platform and to increase the exposure of Projects to potential Members, Projects and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. After a project is successfully completed, a dedicated report page is generated, it may contain information such as Project description, Proposals, Progress and Reviews. Members may be asked to share the link to the report page, and it may be accessible by search.
6. The EyenBros Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. EyenBros is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by EyenBros of such Third-Party Services.
Eligibility, Using the Eyenbros Platform, Member Verification
1. In order to access and use the EyenBros Platform or register an EyenBros Account you must be an individual at least 18 years old or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country you are established and able to enter into legally binding contracts. For using the Platform to offer, post, or provide Services, you represent and warrant that you, and the employees, agents, contractors, and subcontractors who may perform work for you, are properly and fully qualified and experienced, and licensed, certified, bonded, andinsured, as required by applicable laws or regulations to which you may be subject in the jurisdiction(s) in which you offer your Services and in relation to the specific job you are performing.
2. You will comply with any applicable export control laws in your local jurisdiction. You also represent and warrant that (i) neither you nor your Service(s) are located or take place in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
3. EyenBros may make access to and use of the EyenBros Platform, or certain areas or features of the EyenBros Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a Member’s Projects, Services and dispute history.
4. User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).
Account Registration
1. You must register an account ("EyenBros Account") to access and use certain features of the EyenBros Platform, such as publishing Projector or offering a Service. If you are registering an EyenBros Account for a business, organization or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
2. You can register an EyenBros Account using an email address and creating a password.
3. You must provide accurate, current and complete information during the registration process and keep your EyenBros Account and public EyenBros Account profile page information up-to-date at all times.
4. You may not register more than one (1) EyenBros Account unless EyenBros authorizes you to do so. You may not assign or otherwise transfer your EyenBros Account to another party.
5. You are responsible for maintaining the confidentiality and security of your EyenBros Account credentials and may not disclose your credentials to any third party.
6. EyenBros may enable features that allow you to authorize other Members or certain third parties to take certain actions that affect your EyenBros Account.
Content
1. EyenBros may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the EyenBros Platform ("Member Content"); and (ii) access and view Member Content and any content that EyenBros itself makes available on or through the EyenBros Platform, including proprietary EyenBros content and any content licensed or authorized for use by or through EyenBros from a third party ("EyenBros Content" and together with Member Content, "Collective Content").
2. The EyenBros Platform, EyenBros Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the EyenBros Platform and EyenBros Content, including all associated intellectual property rights, are the exclusive property of EyenBros and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the EyenBros Platform, EyenBros Content or Member Content.
3. You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the EyenBros Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by EyenBros or its licensors, except for the licenses and rights expressly granted in these Terms.
4. Subject to your compliance with these Terms, EyenBros grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and view any Collective Content made available on or through the EyenBros Platform and accessible to you, solely for your personal and non-commercial use.
5. You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii)promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or tribe; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates EyenBros policies. EyenBros may, without prior notice, remove or disable access to any Member Content that EyenBros finds to be in violation of applicable law, these Terms or otherwise may be harmful or objectionable to EyenBros, its Members, third parties, or property.
6. EyenBros respects copyright law and expects its Members to do the same. If you believe that any content on the EyenBros Platform infringes copyrights you own, please notify us.
Service Fees
1. EyenBros may charge fees to Professionals ("Professionals Fees") and/or Customers ("Service Fees") (collectively, "Service Fees") in consideration for the use of the EyenBros Platform.
2. Any applicable Service Fees will be displayed to a Professionals or Customer prior to publishing or providing a project. EyenBros reserves the right to change the Service Fees at any time, and will provide Members adequate notice of any fee changes before they become effective. Such fee changes will not affect any action made prior to the effective date of the fee change.
3. You are responsible for paying any Service Fees that you owe to EyenBros. The applicable Service Fees (including any applicable Taxes) are collected by EyenBros Payments system. In case the transaction between the Professional and the Customer is made thought EyenBros Payments system, EyenBros Payments system will deduct any Professionals Fees from then Service cost before remitting the payout to the Professional. The Professional may be asked to pay the Service Fees directly if the transaction between the Professional and the Customer is made externally (in a manner other than EyenBros Payments system).
Terms specific for Professionals
1. As a Professional, you represent and warrant that any Proposal or Service you post will (i) not breach any agreements you have entered into with any third parties, and (ii) comply with all applicable laws, Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). As a Professional, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals accompanying you during the period of providing your service, excluding the Customer and any individuals accompanying the Customer.
2. When making a Proposal through the EyenBros Platform you must (i) provide complete and accurate information about your Service, (ii) disclose any deficiencies, restrictionsand requirements that apply and (iii) provide any other pertinent information requested by EyenBros. You are responsible for keeping your information up-to-date at all times.
3. You are solely responsible for setting a price, including any Taxes if applicable. Once a Customer requests your service or accepts your Proposal, you may not request that the Customer pays a higher price agreed upon.
4. You only make Proposals when you are completely ready to provide the service. You do not engage in damaging the user experience by exaggerated Proposals or over Bidding. Any terms and conditions included in your Service, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy.
5. Pictures, animations or videos (collectively, "Images") used in your Proposal or Service must accurately reflect the quality and condition of the services you provide. EyenBros reserves the right to require that Proposal or service have a minimum number of Images of a certain format, size and resolution.
6. The placement and ranking of Proposal or the Service on the EyenBros Platform may vary and depend on a variety of factors, such as Customer search parameters and preferences, Professional requirements, price and availability, number and quality of Images, Experience points, customer service and cancellation history, Reviews and Ratings, type of Service, and/or ease of agreement.
7. When you accept or have pre-approved a Service request by a Customer, you are entering into a legally binding agreement with the Customer and are required to provide your Service(s) to the Customer as described in your Proposal when the Service request is made. You also agree to pay the applicable Professional Fee and any applicable Taxes.
8. EyenBros recommends that Professionals obtain appropriate insurance for their Services. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Customers while providing the service.
9. As a Professional you are solely responsible for determining your obligations to report, collect, remit or include in your Service Fees any applicable VAT or other indirect sales taxes, occupancy tax, income taxes, or other visitor taxes.
10. Tax regulations may require us to collect appropriate Tax information from Professionals, or to withhold Taxes from payouts to Professionals, or both. If a Professional fails to provide us with the required documentation under applicable law (e.g., a tax number) that we determine to be sufficient to alleviate our obligation (if any)to withhold Taxes from payouts to you, we reserve the right to withhold payouts up to the tax-relevant amount as required by law, until resolution.
Terms specific for Customers
1. As a Customer, you understand that a confirmed Project initiation is a limited license granted to you by the Professional to benefit from their Service according to the Description of the Service Proposal or your Project, during the necessary period, the Professional (to the extent permitted by applicable law) retains the right to access resources in accordance with your agreement with the Professional.
2. You agree to request no more than what you have already agreed upon initially. If you request past the agreed upon terms without the Professional's consent, you no longer have a license to use the Professional’s Service. In addition, you agree to pay additional Fees, if requested by the Professional.
3. Subject to meeting any requirements (such as completing any verification processes) set by EyenBros and/or the Professional, you can initiate a Project on the EyenBros Platform by following the respective process. All applicable fees, including the Service cost. Customer Fee and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to initiation. You agree to pay the Total Fees for any Service in connection with your EyenBros Account.
4. Upon Service initiation confirmation from EyenBros, a legally binding agreement is formed between you and your Professional, subject to any additional terms and conditions of the Professional that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Service. EyenBros Payments system will collect the Total Fees at the time of the Project initiation confirmation by accepting a Professionals offer. For certain Services, Customers may be required by the Professional to pay or have the option to pay in multiple installments.
5. If you request a Professional Service or initiate a Project on behalf of additional Customers, you are required to ensure that every additional Customer meets any requirements set by the Professional, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Professional. If you are requesting a service or initiating a Project for an additional Customer who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only request Professional Service if accompanied by an adult who is responsible for them.

Terms specific for Tribes and communities
1. Tribe Leading is an unofficial, voluntary position that may be available to Members of EyenBros. We are not responsible for actions taken by the Tribe Leaders. We recognize that Tribe Leaders can take some work, so we may change the features orabilities associated with moderating. We reserve the right to revoke or limit a Member’s ability to moderate and Lead Projects at any time and for any reason or no reason, including for a breach of these Terms.
2. As a Tribe Leader you agree to manage your community in good faith, create clear description with consistent guidelines, you agree that when you receive reports related to your community, that you will take necessary action through “Moderation”. Healthy communities allow for appropriate discussion of moderator actions. Request to reconsider your actions should be taken seriously. Moderator responses to appeals by their users should be consistent and work through education, not punishment. Finally, when the Members contact you, we ask that you respond within a reasonable amount of time.
3. You may not represent that you are authorized to act on behalf of EyenBros, You may not enter into any agreement with a third party on behalf of EyenBros, You may not perform moderation actions in return for any form of compensation or favor from third parties. As a Tribe Leader, If you have access to non-public information, you will use such information only in connection with your performance as a moderator.
4. In Tribe Project, EyenBros may enable The Member who is eligible to request a service or initiating a Project on behalf of Tribe Members to campaign for collecting the payment and lead the project on collective payment manner between the Tribe Leader and the other additional Customers (each a “ contributor ”, a tribe member who made a payment contribution). In order to participate in the Tribe Payment Service, each contributor must have or register an EyenBros Account prior to making a payment.
5. As a Tribe Leader, you understand that you are entering into separate legal agreements with both EyenBros and with contributors, you are responsible for setting the fund goal and dealing with the Professional on behalf of the Tribe Members. You are responsible for leading the project to success and spending the fund in the manner that benefits the Tribe Members and contributors interest.
6. Contributors may make voluntary “Commitment” of financial contribution, they may only be asked to pay the committed amount, by the tribe leader and only when the Project funding Goal is reached. Because some payments can’t be collected, which might reduce the amount of funding. EyenBros can’t guarantee that the amount of funding raised will be exactly equal to the full amount committed. We ask creators to think carefully, to set the fund goal they feel confident they can work with, and communicate with contributors and potential Professionals about any changes.
7. Tribe Members and Contributors may engage in Project through voting and discussions, engagement may cover setting the Project terms and choosing the Professionals or Proposals, they also have access to Project Progress. Throughout theprocess, Tribe leaders owe their contributors a high standard of effort, honest communication, and a dedication to bringing the project to life.
8. The Tribe Project is not allowed to be initiated with the Professional if the fund required is not fully paid and ready on the Tribe EyenBros account.
9. As a Project contributor You can change or cancel your commitment at any time before the fundraising has started, as payments are being collected at this stage.
10. EyenBros Doesn’t offer refunds of Tribe Projects contributors. In case the Projects is cancelled or there is extra funds in the Tribe account after the project is successfully finished, the Tribe Leaders and contributors are responsible for using the fund for another Project.
11. Tribe Leaders, with the help of contributors may decide to use the fund for making rewards for contributors, this may require obtaining additional information such as shipping address. Leaders should not abuse this information and use it only for the purpose of intention, and should not request sensitive personal information such a Social Security number or credit card/banking information.
12. EyenBros may, at its discretion, intervene to take control of a community when it believes it in the best interest of the community or the website. This should happen rarely (e.g., a top moderator abandons a thriving community), but when it does, our goal is to keep the platform alive and vibrant, as well as to ensure your community can reach people interested in that community.
Ratings and Reviews
1. Within a certain timeframe after completing an agreement, Customers and Professionals can leave a public review (“Review”) and submit a rating regarding honoring the agreement (“Rating”) about each other, and may give “Brownie” points to rate and exceptionally good interaction. Ratings, Reviews and Brownie points reflect the opinions of individual Members and do not reflect the opinion of EyenBros. Ratings and Reviews are not verified by EyenBros for accuracy and may be incorrect or misleading.
2. Ratings, Reviews and Brownie points by Customers and Professionals must be accurate and may not contain any offensive or defamatory language.
3. Members are prohibited from manipulating the Ratings, Reviews and Brownie points system in any manner, such as instructing a third party to write a positive or negative Review about another Member.
4. Ratings, Reviews and Brownie points are part of a Member’s public profile and may also be surfaced elsewhere on the EyenBros Platform together with other relevantinformation such as number of agreements, number of cancellations, average response time and other information.
Payment and Payout Methods
1. Credit card payment processing services are provided by Stripe, Inc. ("Stripe") and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the "Stripe Services Agreement''). As a EyenBros User, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition to EyenBros enabling credit card payment processing services through Stripe, you agree create and/or link your Stripe account to EyenBros, to provide accurate and complete information about you and your business to Stripe, as well as transaction information related to your use of the payment processing services provided by Stripe. In all cases, standard credit card or other third party processing fees apply in addition to any Service Fees. We are not responsible for the performance of any third party credit card processing or third party payment services.
2. You are solely responsible for the accuracy and completeness of your Stripe account and Stripe account information. EyenBros Payments system is not responsible for any loss suffered by you as a result of incorrect Stripe account information provided by you.
3. Financial Terms for Professionals
  1. Generally speaking, EyenBros Payments system will collect the Total Fees from a Customer at the time the Customer’s Confirms initiation of the Project (by accepting a Professional Offer), or at any other time mutually agreed between the Customer and EyenBros Payments system. Third party payment fees are not covered by EyenBros.
  2. EyenBros Payments system may offer alternative options for the timing and manner of payment. For example, in some cases, you may ask to get paid or have the option to get paid in multiple installments. Any additional fees for using offered payment options will be displayed via the EyenBros Platform and included in the Total Fees, and you agree to pay such fees by selecting the payment option. Additional terms and conditions may apply for the use of an alternative payment option. You may choose, with agreement with the Customer, to get paid outside the EyenBros payment service, in such case, fees will be collected from you directly at a later point. However, EyenBros is not responsible or liable in any way for securing this payment, and will not refund both parties in case of dispute.
  3. In order to receive a Payout you must have a valid Stripe account linked to your EyenBros Account. You can request payout from the EyenBros Payments system (i) 72hours after the Customer’s confirms delivery (ii) for the partial payment, directly after the Customer’s confirms payment release.
  4. The time it takes to receive Payouts once released by EyenBros Payments system may depend upon the Stripe processing schedule. EyenBros Payments system may delay or cancel any Payout for purposes of preventing unlawful activity or fraud, risk assessment, security, or investigation.
  5. In the event of a Customer’s cancellation of a confirmed service, EyenBros Payments system will remit a Payout of any portion of the Total Fees due to you under the applicable cancellation policy.
  6. For compliance or operational reasons, EyenBros Payments system may limit the value of each individual Payout. If you are due an amount above that limit, EyenBros Payments system may initiate a series of Payouts (potentially over multiple days) in order to provide your full payout amount.
4. Financial Terms for Customers
  1. You authorize EyenBros Payments system to charge you the Total Fees for any service requested in connection with your EyenBros Account. EyenBros Payments system will collect the Total Fees in the manner agreed between you and EyenBros Payments system via the EyenBros Platform. EyenBros Payments system will generally collect the Total Fees after you confirm an initiation of a project by accepting a Professional offer. Third party payment fees are not covered by EyenBros.
  2. EyenBros Payments system may offer alternative direct payment options in the case of individual projects, for example, you may choose, with agreement with the Professional (by accepting an offer from a Professional that requires direct payment), to pay the Professional outside the EyenBros payment service, you alone are responsible for the risk accompanied with that choice. EyenBros is not responsible or liable in any way for securing this payment, and will not refund both parties in case of dispute. Additional terms and conditions may apply for the use of an alternative payment option. If EyenBros Payments system is unable to collect the Total Fees as scheduled, EyenBros Payments system will collect the Total Fees at a later point. Once the payment transaction for your requested service is successfully completed, you may receive a confirmation email.
  3. When you request a service, EyenBros Payments system may also (i) obtain a pre-authorization via your Payment Method for the Total Fees, (ii) charge or authorize your Payment Method a nominal amount, to verify your Payment Method, or (iii) authenticate your account via a third-party payment service provider to verify your Payment Method.
  4. You hereby authorize EyenBros Payments system to collect any amounts due,by charging the Payment Method provided at checkout, either directly by EyenBros Payments system or indirectly, via a third-party online payment processor.
5. Prohibited Payment Activities
  You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Payment Services. In connection with your use of the Payment Services, you may not and you agree that you will not and will not assist or enable others to:
6. Breach or circumvent any applicable laws or regulations, agreements with third parties, third-party rights.
7. Use the Payment Services for any commercial or other purposes that are not expressly permitted by these Payments Terms;
8. Register or use any Payment Method or Payout Method with your Eyenbros Account that is not yours or you do not have authorization to use;
9. Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by EyenBros Payments system or any of EyenBros Payments system’ providers or any other third party to protect the Payment Services;
10. Take any action that damages or adversely affects, or could damage or adversely affect, the performance or proper functioning of the Payment Services;
11. Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Payment Services;
12. Violate or infringe anyone else’s rights or otherwise cause harm to anyone.
Disputes between Members
1. Dispute between Members (Professional-Customer), we understand that occasionally disputes may arise between or among Members. Our goal is to provide tools to help users resolve such disputes independently. In the rare event a dispute regarding an interaction related to the Platform cannot be resolved independently, you agree, at EyenBros's request, to participate with good faith, to the extent you are reasonably able to do so, in a neutral resolution or mediation conducted by EyenBros or a neutral third-party mediator or arbitrator selected by EyenBros. Notwithstanding the foregoing, you acknowledge and agree that EyenBros is under no obligation to become involved in or impose resolution in any dispute between or among users or any third party.
2. In the event that a Customer or Professional encounters an issue related to the service provided in an order, you are encouraged to use the Site's dispute resolution tools to attempt to resolve the matter.
3. Professionals and Customers are responsible for any modifications to an agreement that they make via the EyenBros Platform.
4. Parties can cancel a confirmed agreement pursuant to the Project cancellation policy, and EyenBros Payments system will make refunds in accordance with such cancellation policy.
5. In certain circumstances, EyenBros may decide, in its sole discretion, that it is necessary to cancel a pending or confirmed agreement and initiate corresponding refunds and payouts. EyenBros believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to EyenBros, other Members, third parties or property, or for any of the reasons set out in these Terms.
6. If a Customer or EyenBros cancels a confirmed agreement, and the Customer receives a refund in accordance with the cancellation policy, or the applicable cancellation policy set by the Professional and mentioned in the Project, after the Professional has already been paid, EyenBros Payments system will be entitled to recover the amount of any such refund from the Professional, including by subtracting such refund amount out from any future Payouts due to the Professional.
Prohibited Activities
1. You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the EyenBros Platform. In connection with your use of the EyenBros Platform, you will not and will not assist or enable others to:
  - breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms;
  - offer, as a Professional,, any Service that you do not yourself provide or have permission to provide; or agree to Sell Service when you do not meet the service requirements.
  - use the EyenBros Platform to request, make or accept an agreement independent of the EyenBros Platform, to circumvent any Service Fees or for any other reason;
  - if you, request, accept or make any payment for Service outside of the EyenBros Platform and EyenBros payment, you acknowledge and agree that you: (i) accept all risks and responsibility for such payment, and (ii) hold EyenBros harmless from any liability for such payment;
  - Sign up for, negotiate a price for, use, or otherwise solicit a Service with no intention of following through with your use of or payment for the Service.
  - discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;
  - Advertise or solicit a Service not appropriate for the Platform including, but not limited to any Service that (a) provides directories or referrals; (b) offers lending; (c) competes with the business of EyenBros; (d) promotes or offers Ponzi schemes, junk mail, spam, chain letters, pyramid schemes, affiliate marketing or unsolicited commercial content, raffles, prizes, bonuses, games of chance or giveaways; or (e) offers a Service not reasonably available to a Customer or other individual in that Customer or individual’s location;
  - Engage in fraudulent conduct including but not limited to offering to make money transfers with intent to request a refund of any portion of the payment or soliciting users for additional payment than the agreed upon through other payment methods is prohibited by EyenBros.
  - Submit User Content that damages the experience of any user including but not limited to (a) requests to download non-EyenBros applications and/or links that direct the user to mirrored websites where the user must enter information that is redundant with what has already been entered on EyenBros, (b) offers to purchase a Service or any other service outside of EyenBros, or (c) using a profile page or user name to promote services not offered on or through the Platform;
  - Use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the EyenBros Platform for any purpose;
2. You acknowledge that EyenBros has no obligation to monitor the access to or use of the EyenBros Platform by any Member or to review, disable access to, or edit any Member Content, but has the right to do so to (i) operate, secure and improve the EyenBros Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist EyenBros in good faith, and to provide EyenBros with such information and take such actions as may be reasonably requested by EyenBros with respect to any investigation undertaken byEyenBros or a representative of EyenBros regarding the use or abuse of the EyenBros Platform.
3. If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to EyenBros by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).
Term and Termination, Suspension and other Measures
1. You may terminate this Agreement at any time by sending us an email. If you cancel your EyenBros Account as a Professional, any confirmed agreement(s) will be automatically cancelled and your Customers will receive a full refund. If you cancel your EyenBros Account as a Customer, any confirmed agreement(s) will be automatically cancelled and any refund will depend upon the terms of the Project’s cancellation policy.
2. Without limiting our rights specified below, EyenBros may terminate this Agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address.
3. EyenBros may immediately, without notice, terminate this Agreement and/or stop providing access to the EyenBros Platform if (i) you have materially breached your obligations under these Terms, (ii) you have violated applicable laws, regulations or third party rights, or (iii) EyenBros believes in good faith that such action is reasonably necessary to protect the personal safety or property of EyenBros, its Members, or third parties (for example in the case of fraudulent behavior of a Member).
Disclaimers, liability and Indemnification
If you choose to use the EyenBros Platform or Collective Content, you do so voluntarily and at your sole risk. The EyenBros Platform and Collective Content is provided “as is”, without warranty of any kind, either express or implied.

You agree that you have had whatever opportunity you deem necessary to investigate the EyenBros Services, laws, rules, or regulations that may be applicable to your projects, Professional Services you are receiving and that you are not relying upon any statement of law or fact made by EyenBros relating to a Project or a service.

If we choose to conduct identity verification or background checks on any Member, to the extent permitted by applicable law, we disclaim warranties of anykind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.

You agree that some Projects, other Professional Services, or the Tribe Payment Service may carry inherent risk, and by participating in such services, you choose to assume those risks voluntarily. For example, some Professional Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Professional Services. You assume full responsibility for the choices you make before, during and after your participation in a Professional Service or the Tribe Payment Service. If you are bringing a minor as an additional Customer, you are solely responsible for the supervision of that minor throughout the duration of your Professional Service and to the maximum extent permitted by law, you agree to release and hold harmless EyenBros from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the Professional Service or in any way related to your Professional Service.

The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the EyenBros Platform and Collective Content, your publishing or agreement of any Project or Service via the EyenBros Platform or use of any other Professional Service, participation in the Tribe Payment Service, or any other interaction you have with other Members whether in person or online remains with you. Neither EyenBros nor any other party involved in creating, producing, or delivering the EyenBros Platform or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the EyenBros Platform or Collective Content, (iii) from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of your use of the EyenBros Platform, or (iv) from your publishing or agreement of a service or a Project, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not EyenBros has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. In no event will EyenBros’s aggregate liability arising out of or in connection with these Terms and your use of the EyenBros Platform including, but not limited to, from your publishing or agreement of any Project or Projects via the EyenBros Platform, or from the use of or inability to use the EyenBros Platform orCollective Content and in connection with any Project, Service, other Professional Service, the Tribe Payment Service, or interactions with any other Members.

To the maximum extent permitted by applicable law, you agree to release, defend (at EyenBros’s option), indemnify, and hold EyenBros, including but not limited to, EyenBros Payments system, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of the EyenBros Platform or any EyenBros Services, (iii) your interaction with any Member, Projects or Professional Service, participation in the Tribe Payment Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) EyenBros’s Collection and Remittance of Taxes, or (v) your breach of any laws, regulations or third party rights.
Feedback
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the EyenBros Platform (“Feedback“). You may submit Feedback by emailing us, through the different means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
General Provisions
1. Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between EyenBros and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between EyenBros and you in relation to the access to and use of the EyenBros Platform.
2. No joint venture, partnership, employment, or agency relationship exists between you and EyenBros as a result of this Agreement or your use of the EyenBros Platform.
3. These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
4. If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
5. EyenBros’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
6. You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without EyenBros's prior written consent. EyenBros may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.
7. Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be provided electronically and given by EyenBros via email, EyenBros Platform notification, or messaging service.