Eyozi Terms and Conditions
Effective Date: August 6, 2026 Last Updated: August 6, 2026
1. Agreement to These Terms
These Terms and Conditions ("Terms") form a binding legal agreement between you and Telson Media, LLC, a California limited liability company ("Telson Media," "we," "us," or "our"), which owns and operates the Eyozi platform ("Eyozi" or the "Services").
Telson Media, LLC is the sole contracting party under these Terms. No individual member, manager, officer, employee, or contractor of Telson Media is a party to this agreement or assumes any personal obligation or liability under it.
By creating an account, accessing, or using the Services, you agree to these Terms, our Privacy Policy, our Community Guidelines, our Crisis and Emergency Disclaimer, our Consumer Health Data Privacy Policy, and our State Privacy Rights Supplement, each of which is incorporated by reference. If you do not agree, do not use the Services.
⚠️ IMPORTANT — PLEASE READ
Section 3 sets the minimum age for an Account and explains the age verification required for the Power Plan. Section 6 explains the limits of what we check: we verify age for Power Plan users, and nothing else about any user. Section 7 contains an assumption of risk and release of claims relating to in-person meetings. Section 22 limits our liability to you. Section 24 requires most disputes to be resolved by binding individual arbitration and waives your right to a jury trial and to participate in a class action. You may opt out of arbitration within 30 days.
2. Definitions
- "Account" — your registered Eyozi user account.
- "Age Check" — the age verification process described in Section 3.2, required before Power Plan purchase.
- "Check-In Features" — the mood logging, reminder, Morning Check-In Safety System, Emergency Ping, and Meetup Check-In Survey functions.
- "Content" — anything you submit, post, or transmit through the Services, including mood entries, notes, messages, profile information, survey responses, and reports.
- "Emergency Contact" — a person you designate to receive certain automated notifications, as described in Section 8.
- "Meetup" — any in-person or virtual meeting arranged between users through the Services.
- "Power Plan" — the paid subscription tier, accessed by annual subscription or Lifetime Pass.
- "Trust Score" — the numeric value described in Section 6.4.
- "User" — any person with an Account.
- "Vendor" — a business listed within the Services as a meetup location.
3. Eligibility
Eyozi has two different age requirements, and they are not the same rule.
You must be at least 13 years old to hold an Account. The Services are not directed to and may not be used by anyone under 13.
You must be at least 18 years old, and verified as such, to purchase or use the Power Plan — which includes Community Discovery, messaging between users, and Meetups. See Section 3.2.
By creating an Account you represent and warrant that:
- You are at least 13 years of age
- If you are under 18, a parent or legal guardian has reviewed and agreed to these Terms on your behalf and consents to your use of the Services (see Section 3.1)
- You, or if you are under 18 your parent or legal guardian, have the legal capacity to enter into this agreement
- You are a resident of the United States (see Section 4.4)
- You are not barred from using the Services under any applicable law
- You have not previously been removed from Eyozi
- All information you provide is truthful, accurate, and current
We may terminate any Account we believe belongs to a person under 13 immediately and without notice. If you believe a child under 13 is using Eyozi, contact info@eyozi.life.
3.1 Users Aged 13 to 17
A person aged 13 to 17 may hold a Standard Plan account only, and only if a parent or legal guardian has reviewed and agreed to these Terms on their behalf.
By creating an Account, a user under 18 represents that a parent or legal guardian has reviewed these Terms, agreed to them on the user's behalf, and consents to the user's use of the Services. A parent or legal guardian who gives that consent accepts these Terms on the minor's behalf and is responsible for supervising the minor's use of the Services.
A parent or legal guardian may contact us at info@eyozi.life at any time to review the information we hold about their minor, correct it, delete it, or close the Account.
Users under 18 cannot access the Power Plan. Community Discovery, messaging between users, and Meetups are Power Plan features, and the age verification in Section 3.2 stands between every user and all of them. A minor cannot be discovered by other users, cannot exchange messages, and cannot arrange or attend a Meetup through Eyozi.
The Standard Plan features available to a minor are personal ones: logging check-ins, viewing their own trends, setting reminders, designating an Emergency Contact, and the Morning Check-In Safety System.
3.2 Age Verification for the Power Plan
Age for a Standard Plan account is self-attested. We do not verify it.
Access to the Power Plan requires verified proof that you are 18 or older. Before any payment is taken, you must complete an age check performed by our identity verification provider. The check begins with a facial scan that estimates your age. If that estimate is not decisive, you are asked to present a government-issued identity document, which is read to determine your date of birth.
The check happens before payment, not after. If you do not pass, you are not charged.
We never receive your facial image, your identity document, or your date of birth. Our provider performs the check and reports back to us only whether you are 18 or older, which method was used, and a reference number for the check. What is collected, how it is used, how long it is kept, and your rights regarding it are described in Section 7.1 of the Privacy Policy.
Possession or use of a payment method is not proof of age and we do not treat it as age verification.
Passing the age check establishes your age and nothing else. It does not confirm your name or your identity, and it is not a background check — see Section 6.1.
Age verification is one-time. Once you pass, you are not asked again, and the result is not affected by cancelling, lapsing, or resubscribing.
4. Accounts
4.1 Registration
You must provide your first name, last name, and email address, and create a password. Authentication is handled by a third-party provider. You are responsible for maintaining the confidentiality of your credentials.
4.2 Account Security
You are responsible for all activity under your Account. Notify us immediately at info@eyozi.life of any unauthorized use. We are not liable for loss arising from unauthorized Account use.
4.3 One Account Per Person
You may maintain only one Account. Creating an additional Account to evade suspension, removal, or a block by another user is a material breach of these Terms.
4.4 Geographic Restriction
The Services are offered only to residents of the United States. We do not offer the Services to residents of the European Economic Area, the United Kingdom, or Switzerland.
4.5 Account Deletion
You may request deletion at any time from Account settings. Deletion is subject to a 30-day pending period during which you may cancel the request. Certain information is retained after deletion as described in the Privacy Policy. Deletion does not entitle you to any refund.
5. The Services
5.1 What Eyozi Is
Eyozi provides accountability and check-in tools, including personal mood and metric logging, configurable reminders, an optional check-in monitoring feature, optional community discovery, messaging between connected users, and the ability to arrange Meetups.
5.2 What Eyozi Is Not
EYOZI IS NOT A HEALTHCARE, MEDICAL, MENTAL HEALTH, COUNSELING, THERAPEUTIC, OR CRISIS SERVICE. We do not provide medical advice, diagnosis, treatment, or professional counseling of any kind. No content in the Services constitutes professional advice. Nothing in the Services creates a provider-patient, therapist-client, or counselor-client relationship.
EYOZI IS NOT AN EMERGENCY SERVICE. The Services are not monitored in real time. We cannot and do not intervene in emergencies. If you are experiencing an emergency, are in danger, or are in crisis, call 911 or your local emergency services immediately. Do not use Eyozi to request emergency assistance.
5.3 Availability
The Services are provided on an as-available basis. We do not guarantee uninterrupted, timely, secure, or error-free operation. We may modify, suspend, or discontinue any feature at any time. We may impose limits on features or restrict access without notice or liability.
5.4 Notifications Are Not Guaranteed
Delivery of any notification — including email, SMS, push, and in-app messages — depends on third-party carriers, providers, devices, and network conditions outside our control. We do not guarantee that any notification, reminder, or alert will be delivered, delivered on time, or delivered at all. You should not rely on any Eyozi notification for any purpose where failure to receive it could result in harm.
6. No Verification, No Screening — Critical Disclaimers
Read this section carefully. It describes limits on the Services that directly affect your personal safety.
6.1 We Do Not Verify Identity
We do not verify the identity of any user. We do not confirm that any user's name, location, or any other information is accurate. Any user may be misrepresenting who they are.
Age is the single exception, and only for Power Plan users. Every Power Plan user has passed the age check described in Section 3.2, so you may rely on the fact that they were determined to be 18 or older. You may rely on nothing else. The age check does not establish a person's name, does not confirm any photograph or description they give of themselves, does not screen for criminal history, and is not a background check of any kind.
6.2 We Do Not Conduct Background Checks
We do not conduct criminal background checks, sex offender registry checks, reference checks, or any other screening of any user, at any time, for any purpose. A person with a history of violence, sexual offenses, fraud, or any other conduct may hold an Eyozi Account.
6.3 We Do Not Screen or Supervise Meetups
We do not attend, monitor, supervise, record, or otherwise oversee any Meetup. We do not verify that any Meetup occurred, that participants arrived, or that any location is safe. Listing of a location within the Services is not an endorsement of that location or any representation about it.
6.4 Trust Scores Are Not a Safety Rating
A Trust Score is not a safety rating, a background check, a verification, an endorsement, or a representation by Telson Media about any user.
A Trust Score reflects only that other users chose to award points following a Meetup. It is generated automatically from user input. We do not verify the accuracy or good faith of any award. A Trust Score cannot decrease, is not reduced by reports or blocks against a user, and does not reflect any assessment by us of any user's character, honesty, or safety.
You should not rely on a Trust Score, or on any other information in the Services, as an indication that any person is safe to meet.
6.5 Check-In Features Are Not Protection
The Check-In Features are convenience tools that operate only as configured and only when the underlying technology functions. They are not a monitoring service, a protective service, a guarantee of assistance, or a substitute for emergency services or your own judgment.
Without limitation:
- A missed check-in may not be detected
- An alert may not be sent, may be delayed, or may not be received
- An Emergency Contact may not respond, may be unreachable, or may take no action
- Location information may be inaccurate, outdated, or unavailable
You must not rely on any Check-In Feature as your sole or primary means of obtaining help. Always maintain an independent plan, and contact emergency services directly when you need help.
6.6 Content Moderation Is Limited
We employ automated filtering and limited human review. We do not review all Content. Filtering is imperfect: harmful content may not be detected, and permissible content may be blocked. We assume no obligation to monitor Content and no liability for Content we fail to detect or remove.
7. Meetups — Assumption of Risk and Release
7.1 Meetups Are Voluntary and At Your Own Risk
All Meetups are arranged voluntarily between users. Telson Media is not a party to, does not arrange, and does not participate in any Meetup.
7.2 Assumption of Risk
YOU ACKNOWLEDGE THAT MEETING A STRANGER IN PERSON INVOLVES INHERENT AND SIGNIFICANT RISK, including risk of physical injury, sexual assault, harassment, stalking, theft, fraud, emotional distress, communicable illness, property damage, and death.
YOU KNOWINGLY AND VOLUNTARILY ASSUME ALL SUCH RISKS, whether arising from the conduct of another user, a third party, the condition of any location, or otherwise, and whether or not such risk is foreseeable.
7.3 Release of Claims
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU RELEASE AND FOREVER DISCHARGE TELSON MEDIA, LLC AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND AFFILIATES from any and all claims, demands, damages, losses, liabilities, costs, and expenses of every kind, known or unknown, arising out of or relating to any Meetup, any interaction with another user, or the conduct of any user or third party.
California Civil Code §1542 waiver
You expressly waive California Civil Code §1542, which provides: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
Nothing in this Section releases any claim that cannot be released as a matter of law, including claims arising from our own gross negligence, willful misconduct, or fraud.
7.4 Your Responsibilities
You agree to meet only in public places, to inform someone you trust of your plans, to arrange your own transportation, to remain able to leave at any time, and to contact emergency services directly if you feel unsafe.
8. Emergency Contacts
8.1 Your Obligations
If you designate an Emergency Contact, you represent that you have that person's permission to provide their contact information to us and to designate them. You are solely responsible for the accuracy of that information and for any consequence of designating someone without their agreement.
8.2 No Guarantee
We make no representation that an Emergency Contact will receive any alert, will read it, will understand it, or will take any action. An Emergency Contact has no obligation to you or to us. Designating an Emergency Contact creates no duty on the part of Telson Media to monitor you, to verify your wellbeing, or to take any action.
8.3 Emergency Contacts Are Not Users
A person who accepts the Emergency Contact role does not thereby become an Eyozi user and receives no Account. Their acceptance is limited to receiving the notifications described in the Privacy Policy. They may decline or resign at any time, on their own, using the link in any invitation or alert email; resigning stops all further alerts to them and the user who listed them is notified.
8.4 Misuse
Designating a person who has not consented, or using the Emergency Contact or Emergency Ping features to harass, alarm, or repeatedly contact any person, is a material breach of these Terms.
9. User Conduct
9.1 Prohibited Conduct
You agree not to:
- Provide false, misleading, or impersonating information, or misrepresent your age or identity
- Harass, threaten, intimidate, stalk, defame, or abuse any person
- Solicit money, goods, services, investments, or donations from any user
- Use the Services for any commercial, promotional, or recruiting purpose
- Share personal contact information through chat where prohibited by the Services
- Engage in or promote sexual solicitation, prostitution, or human trafficking
- Engage in or promote violence, self-harm, or illegal activity
- Distribute malware, attempt unauthorized access, scrape, or interfere with the Services
- Circumvent any block, suspension, removal, rate limit, or access control
- Create multiple Accounts
- Submit false safety reports or misuse the Check-In Features
- Record, photograph, or transmit any Meetup participant without their consent
- Use any Content of another user outside the Services
- Violate any applicable law
9.2 Zero Tolerance
We maintain zero tolerance for harassment, threats, sexual misconduct, deception, and conduct endangering another user. Violations may result in immediate permanent removal without notice, warning, or refund.
9.3 Reporting
Report concerns through the in-app reporting features or to info@eyozi.life. Report imminent danger or criminal conduct to law enforcement first. We are not a substitute for law enforcement and cannot investigate criminal conduct.
9.4 No Duty to Act
We reserve the right, but assume no obligation, to investigate, remove Content, suspend Accounts, or take any other action. Any action we take or decline to take is at our sole discretion and creates no duty or obligation to any user.
10. Your Content
10.1 Ownership
You retain ownership of your Content.
10.2 License You Grant Us
You grant Telson Media a non-exclusive, worldwide, royalty-free, revocable license to host, store, reproduce, transmit, display, and distribute your Content solely to the extent necessary to operate, provide, secure, and support the Services, and to comply with legal obligations.
This license is expressly limited as follows:
- It does not extend to your mood entries, metric entries, or check-in notes for any purpose other than storing and displaying them back to you
- It does not permit us to publish, market, advertise, or commercially exploit your Content
- It does not permit us to use your Content to train artificial intelligence or machine learning models
- It terminates when you delete the Content or your Account, except for retained records described in the Privacy Policy and for content already shared with other users
10.3 Your Warranties
You represent that you own or have the necessary rights to your Content and that it does not infringe any third party's rights or violate any law.
10.4 Content Between Users
Messages and Meetup information you send to another user are received by that user. We cannot retrieve, unsend, or control Content once another user has received it. Other users may retain, screenshot, or share what you send them.
10.5 Feedback
Any feedback, suggestion, or idea you provide is non-confidential, and you grant us an unrestricted, perpetual, irrevocable right to use it without compensation or attribution.
11. Subscriptions, Pricing, and Payment
11.1 Tiers
Eyozi offers a free Standard Plan and a paid Power Plan. The Power Plan is available as an automatically renewing annual subscription or as a one-time Lifetime Pass.
11.2 Pricing
Current pricing for each tier is displayed within the Services at the point of purchase and is incorporated into these Terms by reference. Prices are stated in U.S. dollars and are exclusive of any applicable taxes.
We may change pricing at any time, including introductory, promotional, and founding-member pricing, which may be offered for a limited time and withdrawn or increased without notice. A price change does not affect the remaining term of an existing annual subscription, and does not affect a Lifetime Pass already purchased.
The price displayed to you at checkout, and the terms you affirmatively accept at that time, govern your purchase.
11.3 Automatic Renewal — Annual Subscriptions
YOUR ANNUAL SUBSCRIPTION AUTOMATICALLY RENEWS. Unless you cancel before the end of your current term, your subscription renews for successive one-year terms and the payment method on file will be charged the then-current annual price at each renewal.
- Cancel any time from Subscription Management in your Account settings
- Cancellation takes effect at the end of your current paid term
- You retain Power Plan access through the end of that term
- We will provide advance notice of renewal and of any price increase as required by law
Lifetime Passes are one-time purchases and do not renew.
11.4 Payment Processing
Payments are processed by Stripe, or by Apple or Google for in-app purchases. We do not receive or store your full payment card details. In-app purchases made through Apple or Google are governed by that platform's terms, and refunds for those purchases are handled by that platform, not by us.
11.5 Failed Payments
If a payment fails, we may suspend or downgrade Power Plan access until payment succeeds.
12. Refunds
12.1 Annual Subscriptions
A 30-day money-back guarantee applies to annual subscription purchases. Requests must be submitted in writing to info@eyozi.life within 30 days of the original purchase date. After 30 days, annual subscription payments are non-refundable, including for partial terms after cancellation.
12.2 Lifetime Passes
LIFETIME PASS PURCHASES ARE FINAL AND NON-REFUNDABLE. No refund, credit, or exchange is available for a Lifetime Pass under any circumstances, including account deletion, discontinuation of any feature, or removal of your Account for violation of these Terms.
12.3 No Refund on Termination for Cause
If your Account is suspended or terminated for breach of these Terms, you are not entitled to any refund, credit, or compensation of any amount paid, including any Lifetime Pass.
12.4 Statutory Rights
Nothing in this Section limits any refund right you have that cannot be waived under applicable law.
13. Scope of Lifetime Access
A Lifetime Pass grants Power Plan access on all Eyozi platforms, current and future, including mobile applications, for as long as Telson Media offers the Services.
A Lifetime Pass is tied to your Account, is personal to you, and is non-transferable. It may not be sold, assigned, gifted, or shared.
"Lifetime" means the operational life of the Services, not your lifetime. If Telson Media ceases to operate Eyozi, discontinues the Services, or is acquired and the Services are discontinued, the Lifetime Pass terminates without refund or compensation.
14. Beta Participation
Portions of the Services may be offered as beta, preview, or early-access features.
Beta features are provided strictly as-is, may be unstable, incomplete, or discontinued without notice, and may result in loss of data. No representation or warranty of any kind applies to beta features. Any beta code, promotional access, or complimentary tier may be modified or discontinued at our discretion, except that a complimentary Lifetime Pass already granted will be honored on the terms in Section 13.
Any promotional, complimentary, or discounted access previously granted remains subject to the terms on which it was granted. Complimentary access codes are no longer offered.
You agree that feedback you provide regarding beta features is governed by Section 10.5.
15. Mobile Applications
15.1 License
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Eyozi mobile applications on a device you own or control, for personal, non-commercial purposes.
15.2 Apple App Store Terms
These provisions apply if you obtained the app from the Apple App Store:
- These Terms are between you and Telson Media only, not with Apple. Apple is not responsible for the app or its content.
- Your license is limited to use on Apple-branded devices as permitted by the App Store Terms of Service.
- Apple has no obligation to provide maintenance or support for the app.
- If the app fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price. Apple has no other warranty obligation whatsoever.
- Apple is not responsible for addressing any claim relating to the app, including product liability, legal or regulatory non-compliance, or consumer protection claims.
- Apple is not responsible for investigating, defending, settling, or discharging any third-party intellectual property infringement claim relating to the app.
- You represent that you are not located in a country subject to a U.S. Government embargo or designated as terrorist-supporting, and are not on any U.S. Government prohibited-party list.
- Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
15.3 Google Play Terms
If you obtained the app from Google Play, your use is also subject to the Google Play Terms of Service. Google is not a party to these Terms and has no responsibility for the app.
16. Vendors and Listed Locations
Businesses may be listed within the Services as 'preferred meetup locations'. A listing is not an endorsement, certification, recommendation, or representation of any kind regarding that business, its premises, its personnel, or the safety or suitability of the location. We do not inspect listed locations. Any interaction with a listed business is solely between you and that business.
17. Intellectual Property
The Services, including all software, design, text, graphics, logos, the Eyozi name and marks, curated quote libraries, and all other materials other than user Content, are owned by Telson Media and protected by intellectual property law.
You may not copy, modify, distribute, sell, lease, reverse engineer, or create derivative works from any part of the Services, or use any Telson Media mark without our prior written permission.
18. Third-Party Services
The Services rely on third-party providers for authentication, hosting, payments, messaging, mapping, notification delivery, and age verification. Each provider is identified in Section 6.4 of the Privacy Policy. We are not responsible for the acts, omissions, availability, accuracy, or security of any third-party service. Your use of a third-party service may be governed by that provider's own terms.
Any link to an external website is provided for convenience and does not imply endorsement.
19. Privacy
Our collection and use of information is described in the Privacy Policy, the Consumer Health Data Privacy Policy, and the State Privacy Rights Supplement. By using the Services you acknowledge those disclosures.
20. Suspension and Termination
20.1 By You
You may stop using the Services or delete your Account at any time. See Sections 4.5 and 12.
20.2 By Us
We may suspend or terminate your Account, or restrict your access to any feature, at any time, with or without notice, for any reason, including breach of these Terms, conduct we believe endangers any person, suspected fraud, extended inactivity, or discontinuation of the Services.
20.3 Effect
On termination, your license to use the Services ends immediately. We may retain and delete Content as described in the Privacy Policy. Sections 6, 7, 10.5, 12, 13, 17, 21, 22, 23, 24, 25, and 27 survive termination.
20.4 Removed Users
If your Account is removed for a violation, you may not create a new Account. We retain limited records of removed accounts to enforce this, as described in the Privacy Policy.
21. Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY.
TO THE FULLEST EXTENT PERMITTED BY LAW, TELSON MEDIA DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
WE DO NOT WARRANT THAT: THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; ANY NOTIFICATION, REMINDER, OR ALERT WILL BE DELIVERED; ANY DEFECT WILL BE CORRECTED; ANY INFORMATION IN THE SERVICES IS ACCURATE; ANY USER IS WHO THEY CLAIM TO BE; OR ANY INTERACTION OR MEETUP WILL BE SAFE.
Some jurisdictions do not allow the exclusion of certain warranties. In those jurisdictions, the above exclusions apply to the fullest extent permitted.
22. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, TELSON MEDIA, LLC AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSS, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE FOREGOING, WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATING TO: THE CONDUCT OF ANY USER OR THIRD PARTY, WHETHER ONLINE OR IN PERSON; ANY MEETUP; ANY FAILURE, DELAY, OR NON-DELIVERY OF ANY NOTIFICATION, REMINDER, OR ALERT; ANY FAILURE OF ANY CHECK-IN FEATURE; ANY ACTION OR INACTION OF ANY EMERGENCY CONTACT; ANY UNAUTHORIZED ACCESS TO YOUR CONTENT; OR ANY PHYSICAL OR EMOTIONAL INJURY, ILLNESS, OR DEATH.
OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO TELSON MEDIA IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
THESE LIMITATIONS APPLY EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion or limitation of certain damages, including damages for personal injury caused by negligence. In those jurisdictions, our liability is limited to the fullest extent permitted by law. Nothing in these Terms limits liability for gross negligence, willful misconduct, or fraud, or any liability that cannot be limited by law.
23. Indemnification
You agree to indemnify, defend, and hold harmless Telson Media, LLC and its members, managers, officers, employees, contractors, agents, and affiliates from and against any claim, demand, action, damage, loss, liability, cost, or expense, including reasonable attorneys' fees, arising out of or relating to: your use of the Services; your Content; your interaction with any user, including any Meetup; your violation of these Terms or any law; your infringement of any third party's rights; or your designation of any Emergency Contact.
We may assume exclusive defense and control of any matter subject to indemnification, at your expense, and you agree to cooperate.
24. Dispute Resolution and Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.
24.1 Informal Resolution First
Before initiating any proceeding, you agree to contact us at info@eyozi.life with a written description of the dispute and the relief sought, and to attempt informal resolution in good faith for 60 days. This is a condition precedent to arbitration.
24.2 Agreement to Arbitrate
Except as provided in 24.3, any dispute arising out of or relating to these Terms or the Services will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court. The Federal Arbitration Act governs. Arbitration will occur in the county of your residence or another mutually agreed location, or by videoconference where available.
24.3 Exceptions
This Section does not apply to: (a) claims within the jurisdiction of small claims court, brought individually; (b) claims for injunctive relief regarding intellectual property; or (c) any claim that may not be arbitrated as a matter of law.
24.4 Class Action Waiver
YOU AND TELSON MEDIA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims or preside over any representative proceeding, and may award relief only to the individual party seeking it.
If this waiver is found unenforceable as to any claim, that claim must proceed in court and is severed from arbitration.
24.5 Jury Trial Waiver
TO THE EXTENT ANY CLAIM PROCEEDS IN COURT, YOU AND TELSON MEDIA EACH WAIVE ANY RIGHT TO A JURY TRIAL.
24.6 Coordinated Filings
If 25 or more similar claims are asserted against us by or with the assistance of the same counsel, the claims will be administered in staged batches of no more than 50, with the parties cooperating in good faith to sequence them and applicable limitations periods tolled for unfiled claims.
24.7 Your Right to Opt Out
You may opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing info@eyozi.life with the subject line "Arbitration Opt-Out" and stating your name and the email address on your Account.
Opting out will not affect your Account or your use of the Services in any way. If you opt out, disputes proceed in the courts identified in Section 25.
24.8 Changes
If we materially change this Section after you accept these Terms, you may reject the change by notifying us within 30 days, in which case the version you accepted continues to apply.
25. Governing Law and Venue
These Terms are governed by the laws of the State of California, without regard to conflict of law principles.
Subject to Section 24, you and Telson Media consent to the exclusive jurisdiction and venue of the state and federal courts located in Nevada County, California for any dispute not subject to arbitration.
Nothing in this Section deprives you of the protection of any mandatory consumer protection law of your state of residence.
26. Changes to These Terms
We may modify these Terms. When we do, we will update the "Last Updated" date and post the revised Terms.
For material changes, we will provide at least 30 days' advance notice by email or in-app notice before the change takes effect, and will require your affirmative acceptance to continue using the Services. For non-material changes, continued use after the effective date constitutes acceptance.
If you do not accept a material change, your sole remedy is to stop using the Services and delete your Account before the effective date. Declining a change to these Terms does not entitle you to any refund, credit, or compensation, including for an annual subscription or a Lifetime Pass.
27. General
Entire Agreement. These Terms, together with the documents incorporated by reference, are the entire agreement between you and Telson Media regarding the Services and supersede all prior agreements.
Severability. If any provision is held invalid or unenforceable, that provision is modified to the minimum extent necessary or severed, and the remaining provisions remain in full force.
No Waiver. Our failure to enforce any provision is not a waiver of it.
Assignment. You may not assign these Terms or your Account. We may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.
Survival. Provisions that by their nature should survive termination will survive.
Force Majeure. We are not liable for any failure or delay caused by circumstances beyond our reasonable control, including natural disaster, war, terrorism, labor dispute, utility or network failure, or third-party service outage.
Notices. We may provide notice by email to the address on your Account, by in-app notice, or by posting to the Services. Notices to us must be sent to info@eyozi.life.
Relationship. No agency, partnership, joint venture, employment, or fiduciary relationship is created by these Terms.
Headings. Headings are for convenience only.
Interpretation. These Terms will not be construed against the drafting party.
28. Contact
Telson Media, LLC Truckee, California, United States info@eyozi.life
By creating an Account or using Eyozi, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.