EULA

SKYLE EYE TRACKING
END-USER LICENSE AND USE AGREEMENT

Version 1.2 (25 August 2026)

eyeV GmbH, Hauptstraße 17-19, D-55120 Mainz, Germany, Local Court of Mainz, commercial register HRB 48308, VAT identification number: DE319844771, tax number: 44/654/01505 ("eyeV"), telephone: +49 6241 70 700 50, e-mail: info@eyev.de, grants you, the user, a license to use Skyle Eye Tracking on the following terms and conditions.

In this Agreement, the term "Skyle Eye Tracking" means Skyle Eye Tracking hardware components, Skyle Eye Tracking software and any other eyeV hardware or software contained in your device or distributed by eyeV either directly or indirectly, and any combinations thereof, and related documents (the "Documentation").

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING SKYLE EYE TRACKING. BY ACCEPTING THIS AGREEMENT OR USING SKYLE EYE TRACKING YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
You may only enter into this Agreement and use Skyle Eye Tracking if you are legally permitted to enter into a binding contract with eyeV.

1. How You Are Permitted to Use Skyle Eye Tracking

1.1 You are hereby granted a license to use Skyle Eye Tracking solely for Interaction Use. "Interaction Use" is the use of Eye Tracking Data as a user input for interactive experiences in games or other software. "Eye Tracking Data" is eye gaze or pupil data from Skyle Eye Tracking, in raw or processed form, on its own or in combination with other information.

1.2 You may not use Skyle Eye Tracking for Analytical Use unless you have obtained a special license, or unless you are using software that has been specifically licensed by eyeV for such purpose. "Analytical Use" is defined as storing Eye Tracking Data or transferring Eye Tracking Data to another computing device or network, for any purpose other than solely as part of your personal Interaction Use. Examples of Analytical Use include behaviour research, advertisement testing, usability testing, streaming of gaze data and health assessments.

1.3 You may not use Skyle Eye Tracking to develop software that contravenes this Section 1, or that causes a third party, such as another licensee under this Agreement, to contravene this Section 1. Any such act may cause irreparable damage to eyeV and/or the third party.

2. Ownership and Excluded License

2.1 You do not own the copyright or any other intellectual property rights in Skyle Eye Tracking. Your rights to use Skyle Eye Tracking are strictly as specified in this Agreement. eyeV retains all rights in and in relation to Skyle Eye Tracking not expressly granted to you in this Agreement.

2.2 Unless provided in a separate agreement, under no circumstance do you receive a license to any patents owned or controlled by eyeV which cover or include Analytical Use.

3. Usage Data to Enhance User Experience

3.1 Skyle Eye Tracking may report anonymous usage statistics and/or error and bug reports to eyeV's servers to identify any problem that may affect the technical stability and/or overall quality of the application, as well as which of the program components have been in use. For the avoidance of doubt, this data does not include Eye Tracking Data.

3.2 By accepting this Agreement you consent to eyeV's processing of your usage data in accordance with the above. Details on the processing of personal data can be found in our privacy policy.

4. Local AI Feature ("Sentence Suggestions")

4.1 The local AI feature ("sentence suggestions") uses Google's Gemma language model, provided under the Apache License 2.0. Gemma is a trademark of Google LLC.

4.2 A copy of the Apache License 2.0 together with the applicable copyright and attribution notices is included in the application's license overview or in the third-party notices (see Section 5). Google is not a party to this Agreement. eyeV is not affiliated with Google; the use of Gemma does not imply any endorsement, review or approval by Google. Warranty and liability claims in connection with the AI feature are governed exclusively by this Agreement.

4.3 Processing by the AI feature takes place locally on your device. No inputs or generated texts are transmitted to eyeV or to Google for this purpose.

4.4 AI-generated suggestions may be inaccurate, incomplete, inappropriate or misleading. They are to be understood as suggestions only and do not replace your own review. You are responsible for checking suggestions before using them. The restrictions in Section 6 (No High Risk or Medical Use) apply to the AI feature without limitation.

4.5 You agree not to use the AI feature for abusive or unlawful purposes, in particular not to generate or distribute content that violates applicable law, infringes third-party rights, serves to harass, threaten, deceive or discriminate, or provides instructions for dangerous activities.

5. Third-Party and Open-Source Components

Skyle Eye Tracking contains third-party components, including open-source software. Such components are subject to their respective license terms, which prevail over the provisions of this Agreement to that extent. A complete overview of the components used, together with the associated license texts, is available within the application under "Settings > About > Licenses".

6. No High Risk or Medical Use

Skyle Eye Tracking is not fault-tolerant. Accordingly, Skyle Eye Tracking is not designed or intended for use in any environment where failure or fault of any kind could lead to death or serious bodily injury of any person, or to severe physical or environmental damage ("High Risk Use"). Accordingly, any High Risk Use of Skyle Eye Tracking is strictly prohibited. High Risk Use includes, for example, aircraft navigation and control of other modes of human mass transportation, military applications and control of nuclear or chemical facilities. Any use in violation of the foregoing is entirely at your own risk, and anyone, including you, who violates the foregoing prohibition will be solely responsible for any and all loss, liability or damages resulting therefrom; eyeV disclaims any such responsibility. Furthermore, Skyle Eye Tracking is neither designed nor certified for medically classified environments ("Medical Classified Use"). Skyle Eye Tracking is prohibited from being used for Medical Classified Use and eyeV disclaims any liability related to such use.

7. Limitation of Liability; Indemnification

7.1 In no event will eyeV be liable for the following, regardless of the theory of liability or whether arising out of the use of or inability to use Skyle Eye Tracking or for any other reason, even if it has been advised of the possibility of such damages: (a) indirect, incidental, special or consequential damages; (b) loss or corruption of data or interrupted or lost business; or (c) loss of revenue, profits, goodwill or anticipated sales or savings. All liability of eyeV, its affiliates, officers, directors, employees, agents and suppliers collectively, to you, whether based in warranty, contract, tort (including negligence), or otherwise, and your exclusive remedy, shall be the lesser of the return of the fees paid for Skyle Eye Tracking or EUR 900.

7.2 The limitations in Section 7.1 do not apply to damages arising from injury to life, body or health, to damages caused intentionally or by gross negligence, to liability under the German Product Liability Act, to the breach of an expressly assumed guarantee, or to any other case of mandatory statutory liability. In the event of slightly negligent breach of a material contractual obligation, eyeV is liable for the foreseeable damage typical for this type of contract. Statutory consumer rights, in particular rights in respect of defects, remain unaffected.

7.3 You agree to indemnify, defend and hold harmless eyeV and its licensors, affiliates, contractors, officers, directors, employees and agents from any and all third-party claims, liabilities, costs and expenses, including reasonable attorney fees, arising from your violation of any provision of Section 1 or Section 4 of this Agreement. This indemnification obligation applies only to the extent that you are responsible for the violation.

8. Miscellaneous

8.1 If you are an individual, the license granted in this Agreement is for your benefit only. If you represent a company or other legal entity, the license granted in this Agreement is for the benefit only of that company's or legal entity's employees and authorized agents. Any person who does not have the benefit of this license in accordance with this Agreement is not permitted to use Skyle Eye Tracking.

8.2 You may not (a) disassemble, decompile, or reverse engineer any parts of Skyle Eye Tracking by any means; (b) permit or assist any party to derive or attempt to derive the source code of, disassemble, decrypt, decompile or reverse engineer Skyle Eye Tracking, or (c) take any other steps in order to derive design information regarding Skyle Eye Tracking, in each case except to the extent required under compulsory law. Mandatory rights under Sections 69d and 69e of the German Copyright Act remain unaffected.

8.3 This Agreement and any other document referred to herein constitutes the complete and exclusive statement of the rights and liability each of you and eyeV has in relation to Skyle Eye Tracking.

8.4 Should individual provisions of this Agreement be or become invalid, the validity of the remaining provisions remains unaffected.

8.5 This Agreement is governed by German law. Mandatory consumer protection provisions of the state in which the user has their habitual residence remain unaffected. For merchants, the place of jurisdiction is Mainz, Germany.

8.6 The German version of this Agreement is authoritative. Translations are provided for information purposes only.

9. Updates

Beyond its statutory obligations, eyeV and its licensors have no obligation to provide updates, bugfixes or error corrections (collectively, "Updates") to the Software. Statutory update obligations towards consumers (Sections 327e et seq. and 475b of the German Civil Code) remain unaffected. If eyeV provides an Update, such Update may change or remove the nature or features of Skyle Eye Tracking, including features that you rely on. Any Updates shall be deemed to be and shall constitute part of the Software, and the terms of this Agreement shall apply to any and all such Updates.