Important wellness notice. EYEMOTION AI provides general wellness insights and lifestyle guidance. It does not provide medical diagnosis, treatment, disease prevention, clinical assessment, medical advice, or emergency healthcare services.
1. Acceptance of These Terms
These Terms of Service (the “Terms”) form a legal agreement between you and Black Diamond Co., Ltd. (“Black Diamond,” “Aurix,” “we,” “us,” or “our”) regarding your use of the EYEMOTION AI mobile application, related websites, and associated services (collectively, the “Service”).
By creating an account, checking the required agreement boxes, or using the Service, you confirm that you have read, understood, and agreed to these Terms, the Privacy Policy, and the Eye Image and Wellness Data Notice.
2. Eligibility
You must be at least 18 years old and legally capable of entering into a binding agreement to use the Service. The Service is not designed for children or persons under 18.
You may not use the Service where use is prohibited by applicable law or where we have not made the Service available.
3. About EYEMOTION AI
EYEMOTION AI uses camera-captured eye images and related signals to generate informational, non-medical wellness insights. Depending on the available version, the Service may provide indicators or guidance concerning fatigue-related signals, focus-related signals, stress-related signals, recovery, daily wellness, and self-awareness.
The current version of the Service is provided free of charge, contains no advertising, and does not include paid in-app purchases.
4. Accounts and Security
- You must provide accurate and current registration information.
- You are responsible for maintaining the confidentiality of your account credentials and for activity under your account.
- You must notify us promptly if you suspect unauthorized access or a security incident.
- You may not create accounts using another person’s identity or credentials.
We may require email verification, additional verification, or other reasonable measures to protect users and the Service.
5. Eye Image and Wellness Data Consent
Because Eye Scan and wellness insight functions are the core functions of the Service, you must provide explicit consent to the processing of eye images and wellness-related data during registration. The categories of data, purposes, retention, deletion, and withdrawal process are described in the Eye Image and Wellness Data Notice and the Privacy Policy.
You may withdraw this consent through the app’s privacy settings or by contacting us. Withdrawal stops future Eye Scan processing. Some or all core functionality may no longer be available after withdrawal.
6. Non-Medical Nature of the Service
- The Service is intended only for general wellness, lifestyle guidance, and self-awareness.
- Results are informational estimates and are not medical measurements or clinical conclusions.
- The Service is not a substitute for a physician, medical professional, mental health professional, emergency service, or other qualified provider.
- Do not delay or disregard professional medical care because of information provided by the Service.
- For urgent or emergency concerns, contact the emergency services available in your location.
7. Accuracy and Technical Limitations
Scan quality and results may be affected by lighting, camera hardware, device performance, network connectivity, eye position, motion, image quality, temporary system conditions, and other factors. Results may vary between scans and devices.
We do not guarantee that any wellness result, score, guidance, report, or recommendation will be complete, error-free, continuously available, or suitable for a specific personal, medical, employment, insurance, legal, or other high-impact decision.
8. Permitted Use and Prohibited Conduct
You may use the Service only for lawful, personal, non-commercial purposes unless we give written authorization. You must not:
- attempt to bypass security, authentication, rate limits, or access controls;
- reverse engineer, decompile, extract, scrape, or reproduce protected parts of the Service except where applicable law expressly permits it;
- upload malicious code, unlawful content, or images of another person without authorization;
- interfere with servers, networks, accounts, or other users;
- use results to discriminate, make automated high-impact decisions, or represent the Service as a medical device or diagnostic system;
- misrepresent scan results, our brand, or our relationship with any third party.
9. Intellectual Property
The Service, including software, designs, algorithms, models, text, graphics, trademarks, logos, and other content, is owned by Black Diamond, its affiliates, or its licensors and is protected by applicable intellectual property laws.
We grant you a limited, personal, revocable, non-exclusive, non-transferable license to use the Service in accordance with these Terms. No ownership rights are transferred to you.
10. Feedback
If you voluntarily provide suggestions or feedback, you grant us permission to use that feedback to improve the Service without compensation or attribution, provided that we do not publicly identify you without permission.
11. Service Availability and Changes
We may update, improve, limit, suspend, or discontinue features to maintain security, comply with law, address technical issues, or develop the Service. We will provide reasonable notice when a material change affects your rights or the core Service, where practicable and required.
The Service may be unavailable during maintenance, outages, infrastructure failures, internet disruption, or events outside our reasonable control.
12. Third-Party Services
The Service may rely on infrastructure and communications providers, including Amazon Web Services for cloud hosting and Amazon Simple Email Service for transactional email. Third-party services are governed by their own terms and privacy practices.
13. Suspension and Termination
You may stop using the Service at any time and may delete your account through the app or the account deletion page.
We may suspend or terminate access where reasonably necessary to protect users, investigate abuse, comply with law, address security risks, or enforce these Terms. Where appropriate, we will provide notice and an opportunity to contact us.
14. Disclaimer of Warranties
To the maximum extent permitted by applicable law, the Service is provided on an “as is” and “as available” basis. We do not make warranties regarding uninterrupted availability, fitness for a particular purpose, accuracy of wellness results, compatibility with every device, or absence of errors.
Nothing in these Terms excludes warranties or consumer rights that cannot lawfully be excluded.
15. Limitation of Liability
To the maximum extent permitted by applicable law, Black Diamond and its officers, employees, affiliates, and service providers will not be liable for indirect, incidental, special, consequential, or punitive damages, or for loss of data, use, opportunity, or goodwill arising from use of the Service.
These limitations do not apply to liability that cannot be limited under applicable law, including liability resulting from intentional misconduct or gross negligence where such exclusion is prohibited.
16. Privacy
Our collection and handling of personal information is described in the Privacy Policy. You should review it before using the Service.
17. Governing Law and Disputes
These Terms are governed by the laws of Japan, without regard to conflict-of-law rules. The Tokyo District Court has exclusive jurisdiction as the court of first instance for disputes arising from these Terms or the Service.
This provision does not remove mandatory consumer protection rights or jurisdictional rights available to you under the law of your country or region where those rights cannot be waived.
18. Changes to These Terms
We may revise these Terms. Material changes will be communicated through the app, website, email, or another reasonable method. The revised version will show its effective date. Where required, we will request renewed acceptance.
19. Contact
Black Diamond Co., Ltd. / 株式会社ブラックダイヤモンド
8-14-9 Ginza, Chuo-ku, Tokyo, Japan
Corporate Registration No. 0105-01-024173
Email: manager@aurixnetwork.com