Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Eagle Eye Solutions, LLC ("Eagle Eye," "we," "us," or "our") governing your access to and use of the Eagle Eye RMS platform, including our website, web application, mobile applications, APIs, and all related services (collectively, the "Services").

By creating an account, accessing, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

If you do not agree to these Terms, you may not access or use our Services.

2. Definitions

• "Account" means your registered account to access and use the Services.
• "Administrator" means a User with administrative privileges to manage the organization's account.
• "Content" means any data, text, files, images, videos, audio, or other materials uploaded, submitted, or created through the Services.
• "Investigator" means any User granted access to use the platform for case management purposes.
• "Organization" means the legal entity or business that has entered into a subscription agreement with Eagle Eye.
• "Subscription" means the paid plan that grants access to the Services.
• "User Data" means all data, including case information and personal data, that you or your Users submit to the Services.

3. Account Registration

3.1 Eligibility

To use our Services, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into binding contracts
• Not be prohibited from using the Services under applicable law
• For professional features, hold appropriate licenses for private investigation or related services in your jurisdiction

3.2 Account Creation

When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your login credentials secure and confidential
• Notify us immediately of any unauthorized access to your account
• Accept responsibility for all activities under your account

3.3 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials. We recommend enabling multi-factor authentication (MFA) for enhanced security. Eagle Eye will never ask for your password via email or phone.

4. Services Description

4.1 Platform Features

Eagle Eye RMS provides a comprehensive case management platform including, but not limited to:

• Case management for surveillance, background checks, process serving, and other investigation types
• GPS tracking and session recording
• Document management and evidence storage
• E-signature functionality
• Client portal access
• Invoicing and payment processing
• Report generation and templates
• Team communication tools (PTT radio)
• Third-party integrations

4.2 Service Availability

We strive to maintain 99.9% uptime for our Services. However, we do not guarantee uninterrupted access. Services may be temporarily unavailable due to:

• Scheduled maintenance (we will provide advance notice when possible)
• Emergency maintenance or security updates
• Circumstances beyond our reasonable control

4.3 Service Modifications

We reserve the right to modify, update, or discontinue features of the Services at any time. For material changes that negatively affect your use, we will provide reasonable advance notice.

5. Subscription and Payment

5.1 Subscription Plans

Access to the Services requires an active paid subscription. Subscription details, including features and pricing, are available on our website at eagleeyesolutions.us/pricing.

5.2 Billing

• Billing Cycle: Subscriptions are billed monthly or annually, as selected at signup.
• Payment Method: You authorize us to charge your provided payment method for all applicable fees.
• Price Changes: We may change pricing with 30 days advance notice. Changes apply at your next renewal.
• Taxes: Fees are exclusive of taxes. You are responsible for all applicable taxes.

5.3 Automatic Renewal

Subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date. You may cancel at any time through your account settings.

5.4 Refunds

• Monthly Subscriptions: No refunds for partial months. You retain access until the end of your current billing period.
• Annual Subscriptions: Refunds may be requested within 30 days of initial purchase. Pro-rated refunds may be available at our discretion for cancellations after 30 days.

5.5 Failed Payments

If payment fails, we will attempt to notify you and retry the charge. Continued payment failure may result in suspension or termination of your account.

6. Acceptable Use Policy

6.1 Permitted Use

You may use the Services only for lawful purposes in accordance with these Terms. The Services are intended for use by licensed private investigators, process servers, and related professionals for legitimate business purposes.

6.2 Prohibited Conduct

You agree not to:

• Use the Services for any unlawful purpose or in violation of any applicable laws
• Upload or transmit viruses, malware, or other malicious code
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the integrity or performance of the Services
• Reverse engineer, decompile, or disassemble any part of the Services
• Use the Services to harass, stalk, or harm another person
• Resell, sublicense, or provide access to the Services to third parties without authorization
• Use automated systems (bots, scrapers) to access the Services without permission
• Circumvent any security measures or access controls
• Store or transmit content that infringes on intellectual property rights
• Use the Services to conduct illegal surveillance or investigations

6.3 Compliance with Laws

You are solely responsible for ensuring your use of the Services complies with all applicable federal, state, and local laws, including but not limited to:

• Private investigator licensing requirements
• Privacy and data protection laws
• Recording and surveillance laws
• Process serving regulations
• Evidence handling requirements

7. Your Data and Content

7.1 Ownership

You retain all ownership rights to your User Data. We do not claim any ownership over your Content or case information.

7.2 License Grant

By using the Services, you grant Eagle Eye a limited, non-exclusive, worldwide license to use, store, process, and display your User Data solely for the purpose of providing the Services to you. This license terminates when you delete your data or close your account.

7.3 Data Responsibilities

You are responsible for:

• The accuracy and legality of User Data you submit
• Obtaining necessary consents for data you upload
• Maintaining appropriate backups of your data
• Complying with data protection regulations applicable to your jurisdiction

7.4 Data Export

You may export your User Data at any time using the export features provided in the platform. Upon account termination, you will have 30 days to export your data before it is deleted.

7.5 Confidentiality

We understand the sensitive nature of investigative work. We treat all User Data as confidential and implement appropriate security measures to protect it. See our Privacy Policy and Security page for details.

8. Intellectual Property

8.1 Our Property

The Services, including all software, designs, text, graphics, logos, icons, and other content created by Eagle Eye, are protected by copyright, trademark, and other intellectual property laws. You may not use our trademarks without prior written consent.

8.2 Feedback

If you provide suggestions, ideas, or feedback about the Services, you grant us a non-exclusive, royalty-free, perpetual license to use and incorporate such feedback into our Services without any obligation to you.

9. Third-Party Integrations

9.1 Third-Party Services

The Services integrate with third-party applications (Dialpad, Stripe, Square, SharePoint, AI providers, etc.). Your use of these integrations is subject to the terms and privacy policies of those third parties.

9.2 BYOK AI Features

If you use Bring Your Own Key (BYOK) AI features, you are responsible for:

• Complying with the terms of service of your chosen AI provider
• Any costs associated with API usage
• The security of your API keys

9.3 No Endorsement

Integration with third-party services does not imply endorsement. We are not responsible for the availability, accuracy, or content of third-party services.

10. Warranties and Disclaimers

We do not warrant that:

• The Services will meet your specific requirements
• The Services will be uninterrupted, timely, secure, or error-free
• Results obtained from the Services will be accurate or reliable
• Any errors in the Services will be corrected

11. Limitation of Liability

Our total liability for any claims arising from these Terms or your use of the Services shall not exceed the greater of:

• The amount you paid to Eagle Eye in the 12 months preceding the claim, or
• One hundred dollars ($100)

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such cases, our liability will be limited to the maximum extent permitted by law.

12. Indemnification

You agree to indemnify, defend, and hold harmless Eagle Eye and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in connection with:

• Your use of the Services
• Your User Data or Content
• Your violation of these Terms
• Your violation of any applicable laws or third-party rights
• Any dispute between you and a third party relating to your use of the Services

13. Termination

13.1 Termination by You

You may terminate your account at any time through your account settings or by contacting us. Termination does not entitle you to a refund except as described in Section 5.4.

13.2 Termination by Us

We may suspend or terminate your access to the Services:

• For violation of these Terms
• For non-payment of fees
• If required by law
• If we discontinue the Services (with reasonable notice)
• For any other reason with 30 days notice

13.3 Effect of Termination

Upon termination:

• Your right to access the Services immediately ceases
• You have 30 days to export your data
• We will delete your data in accordance with our Privacy Policy
• Sections that by their nature should survive (including indemnification, limitation of liability, and dispute resolution) will remain in effect

14. Dispute Resolution

14.1 Informal Resolution

Before initiating any formal dispute resolution, you agree to contact us at legal@eagleeyesolutions.us to attempt to resolve the dispute informally. We will work in good faith to resolve any issues within 30 days.

14.2 Arbitration

If we cannot resolve a dispute informally, any controversy or claim arising out of or relating to these Terms shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Denver, Colorado, unless both parties agree to a different location or virtual proceedings.

14.3 Class Action Waiver

You agree to resolve disputes with us on an individual basis and waive any right to participate in a class action lawsuit or class-wide arbitration.

14.4 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law principles.

14.5 Exceptions

Nothing in this section prevents either party from seeking injunctive relief in court for intellectual property infringement or misappropriation.

15. General Provisions

15.1 Entire Agreement

These Terms, together with the Privacy Policy and any other agreements referenced herein, constitute the entire agreement between you and Eagle Eye regarding the Services.

15.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

15.3 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

15.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

15.5 Notices

Notices to you may be made via email to the address associated with your account. Notices to us should be sent to legal@eagleeyesolutions.us.

15.6 Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond reasonable control, including natural disasters, acts of government, pandemic, or internet service provider failures.

15.7 Changes to Terms

We may update these Terms from time to time. We will notify you of material changes via email or through the Services. Your continued use of the Services after changes take effect constitutes acceptance of the modified Terms.

16. Contact Information

If you have questions about these Terms, please contact us:

Eagle Eye Solutions, LLC
Email: legal@eagleeyesolutions.us
Website: eagleeyesolutions.us/contact