General Terms and Conditions of Use of EYELIGHTS Products
Last updated: August 30, 2018
These Terms and Conditions define the rules and conditions of use of the Products sold by EYELIGHTS and are concluded between the User and the company EYELIGHTS, Société par Actions Simplifiée, with a capital of 91 685 €, registered under the number 819 514 118 at RCS of TOULOUSE, having its registered office at 425 rue Jean Rostand in LABEGE (31670) represented by Mr. Romain DUFLOT and by Mr. Thomas DE SAINTIGNON (hereinafter referred to as "EYELIGHTS"), whose activity is design, manufacture and sale of head-up accessories for motorcycle helmets.
EYELIGHTS and the User are hereinafter individually referred to as a "Party" and together the "Parties"
Any use of the Products implies full and unreserved acceptance of all these Terms and Conditions.
This approach is equivalent to the User acknowledging that he has fully acknowledged and that he approves, without exception or reservation, all the Terms and Conditions indicated below.
Article 1 – Definitions
"Application" means the mobile application developed by EYELIGHTS according to the computer formats usable on the Internet including data of different types, and in particular text, sound, still or moving images, videos, databases, intended to be consulted by Application users available on mobile phones with IOS 10.1 or later operating systems and Android OS 4.4 or later.
"Optical Module" means the Head-Up Display of the Product, which projects the navigation information into the User's field of vision.
"Installation" means the assembly and configuration by the User of the Product sold by EYELIGHTS.
"Delivery" means the delivery to the User or a third party or carrier designated by the latter of the Product sold by EYELIGHTS.
"Bluetooth Kit" means the Product Bluetooth Kit, consisting of an audio input (microphone) and an audio output (headphones), which enables mobile phone communications supporting A2DP * and HFP * profiles (warranty for range limited to ten (10) meters).
* Mobile phones that do not support the Bluetooth profile could prevent the user from using the redial and call rejection features.
"Product" means head-up accessories for motorcycle helmets sold by EYELIGHTS and used by the User. The Product is not a toy.
"Control Unit" means the voice command of the Product, which allows various features related to GPS satellite navigation and telephone calls.
"User" means any natural person, having the legal capacity to contract and using Products sold by EYELIGHTS.
"Use" means the use and use by the User of the Product sold by EYELIGHTS.
"Mobile phone" means the mobile phone of the User on which the Application is downloaded and the Product connected via Bluetooth.
Article 2 - Product Delivered
Upon delivery of the Products, the User or the third party or carrier designated by the latter must verify that the ordered Product is complete and, as such, that the Product contains the following:
- One (1) Control Unit
- One (1) Optical Module
- Five (5) supports of different thicknesses
- One (1) wall charger:
- Two (2) Pre-Cut Dual Lock Mounting Kits:
- Warranty forms and these Terms and Conditions.
Article 3 - Prerequisites
3.1. The User acknowledges that the Product requires to be connected via Bluetooth to a Mobile Phone on which the Application has been downloaded and equipped with a GPS satellite chip and an Internet connection.
3.2. The Product only works with the Application, no other mobile application is compatible with it. EYELIGHTS excludes any liability for the use of another mobile application with the Product.
3.3. Use of the Application requires an Internet connection of the mobile phone, which may lead to over-billing according to the offer and operator of the user (for more information, the user can consult his mobile operator) . EYELIGHTS will not be responsible for any roaming charges or surcharges related to the Internet connection.
3.4. The User declares to have read all the technical characteristics and various prerequisites regarding the download of the Application, its use, connections with the Product, and more generally the use of the Product.
3.5. As such, the User declares that he is familiar with the Internet, its characteristics and its limits and recognizes in particular:
- that data transmissions on the Internet only benefit from a relative technical reliability, these circulating on heterogeneous networks with various technical characteristics and capacities that are sometimes saturated at certain times of the day;
- that the Users of the Products are likely to be located anywhere in the world;
- that the data circulating on the Internet are not protected against possible diversions and that the communication of any sensitive information is carried out by the User at his own risk.
3.6. The Product does not improve the vision of the User. As such, the User can not use the Product in case of visual impairment.
IMPORTANT: EYELIGHTS does not guarantee the compatibility of the Product with the vision correction devices.
Article 4 - Loading, reloading and maintenance of the Product
IMPORTANT: EYELIGHTS excludes all liability in case of loading, reloading or maintenance of the Product not in accordance with the detailed instructions below. As such, the User agrees to comply with all instructions herein regarding the loading, reloading or maintenance of the Product.
4.1. Loading and reloading the Product
4.1.1. Aux fins de chargement/rechargementdu Produit, l’Utilisateur doit :
- Connect the wall charger to the charging connector of the control unit (located on the side);
- Check that the LED of the Control Unit emits an orange light.
IMPORTANT: The User must not use a charger other than that provided by EYELIGHTS, as this may damage the Product. Conversely, the Product Charger may only be used for Products supplied by EYELIGHTS.
4.1.2. Before any use, the User must check the complete loading of the Control Unit, corresponding to approximately three (3) hours of charge (the orange LED turns green as soon as the charging is complete).
4.1.3. The battery life is given by EYELIGHTS as an indication and will depend on the use of each user.
4.2. Product Care
4.2.1. The User must maintain the Product with a dry cleaning, such as wipes used to clean glasses.
4.2.2. As the Product is not waterproof, the User must not immerse it.
4.2.3. Likewise, the weather conditions affecting the Product, the User must not expose it to excessively low or excessively high temperatures.
IMPORTANT: No products based on acid, acetone or corrosive solutions can be used on the products without damaging them.
Article 5 - Installation of Products
IMPORTANT: EYELIGHTS excludes any liability in case of installation of the Product that does not comply with the instructions and steps detailed below. As such, the User agrees to comply with all instructions herein regarding the Installation of the Product.
IMPORTANT: The User must not install the Control Unit, the Bluetooth Kit, the Optical Module, as well as the supports in areas other than those specified below.
IMPORTANT: The User must not drill, paste or open the Product. Similarly, it must not cut, tear, wrap or tie the wires and cables of the Product.
IMPORTANT: The User acknowledges that the uninstallation of the Product could lead to the damage of the motorcycle helmet on which it was installed. As such, EYELIGHTS can not be held responsible in the case of such deterioration.
IMPORTANT: The User acknowledges that the use of adhesive systems different from those provided by EYELIGHTS could lead to the fall and damage of the various elements of the Product.
5.1. First step: Installation of the Control Unit
5.1.1.For the purpose of installing the Control Unit, the User must remove the protective film from the adhesive on the back of the Control Unit.
5.1.2. Then, the User must affix the Control Unit to the outside right of the motorcycle helmet (clutch side) by placing the audio jacks towards the back of the helmet and the charging plug down.
IMPORTANT: The LED on the Control Unit has different colors and switching frequencies, each corresponding to a particular situation:
- orange: charging;
- flashing amber: disconnection problem;
- Red: weak battery;
- flashing red: product error, (User must restart the Product, but if the problem persists, the User will have to contact EYELIGHTS);
- green: full charge;
- blue: in operation;
- flashing blue: no Bluetooth connection;
- white: update.
5.2. Step Two: Installing the Bluetooth Kit
5.2.1. For the purpose of installing the Bluetooth Kit, the User must remove the inner foams of the motorcycle helmet, then remove the white adhesive parts located on each earpiece.
5.2.2. Then, the User must affix the earphones directly on the inner cap (polystyrene) of the helmet. Most helmets have housings designed to accommodate this type of equipment with light spaces dug in the inner cap of the helmet.
5.2.3. Finally, the User must make the wires run along the inner cap of the headset and insert the jack audio jacks in the designated locations of the Control Unit and marked logos "headphones" and "headphones." The earphone having the cable the shortest must be glued to the right of the motorcycle helmet, external module side.
IMPORTANT: The User must leave the internal foams removed for the next steps.
IMPORTANT: The User must not use a Bluetooth kit other than that provided by EYELIGHTS as this may damage the Product. Conversely, the Bluetooth Kit can only be used for Products supplied by EYELIGHTS.
IMPORTANT: Repeated use of the Bluetooth Kit at high volume may impair the user's hearing.
IMPORTANT: As the Bluetooth Kit is not waterproof, the User acknowledges that he will not be able to use it in case of degraded weather.
IMPORTANT: EYELIGHTS does not guarantee the accuracy of information broadcast by audio.
5.3. Step Three: Choosing and Installing Media
5.3.1.The Product is delivered with five (5) media of different thicknesses. Each helmet having a different shape, the support must be adapted to the motorcycle helmet model of the User in order to better adjust the optical module.
5.3.2. A non-exhaustive list of correspondences is provided for information below:
- Casque Schubert – supportsn°3 ou n°4 :
o Schubert C3 ;
- Marques diverses – supports n°1 ou n°2 :
o Schubert M1 ;
o AGV K5S ;
o Arai QV Pro ;
o Arai RX7V ;
o HJC RPHA11 ;
o HJC IS17 ;
o HJC RPHA70 ;
o Shark speed air ;
o Shark skwal ;
o Shark Spartan ;
o Shark evo-one ;
o Shoei NXR ;
o Shoei J-cruise ;
o Shoei GT-AIR ;
o Shoei Neotec ;
- In case of need and according to the morphologies, the support n ° 5 can be added if the Optical Module is positioned too high (to be added again after the sixth step).
IMPORTANT: EYELIGHTS does not guarantee the compatibility of the Product with all motorcycle helmets on the market.
5.3.3. The brackets must be installed to the left of the motorcycle helmet (clutch side).
There are two cases:
- The helmet has a retractable solar visor:
o The tabs are to slide in the space where the sunscreen retracts. The screen remains mobile and the Installation is safe for sunscreen.
- The helmet does not have a sun visor:
o The tabs are to be inserted between the protective foams and the plastic cap.
IMPORTANT: EYELIGHTS does not guarantee the compatibility of the Product with the use of tinted visors.
5.4. Step Four: Connecting via Bluetooth
5.4.1. For connection via Bluetooth, the User must turn on his mobile phone and check that the Bluetooth function is activated.
5.4.2. Then, the User must turn on the Control Unit by pressing the "power" button for five (5) seconds, a blue LED lights up when it is running.
5.4.3. The User must also look for the Bluetooth devices in his mobile phone by following the instructions on the mobile phone (the user can consult his mobile phone's user guide for more information).
5.4.4. After a few seconds, the phone will list "EYELIGHTS" as an discovered device. The user must select it and follow the instructions of his mobile phone to accept the pairing.
5.5. Step Five: Installing the Optics Module
5.5.1. For the purpose of Optical Module Installation, the User must click on the link "test display", a red square will appear in the optical module prism.
5.5.2. To perform this test, the User must put the motorcycle helmet on his head and take into account that in piloting phase the head is usually tilted forward.
5.5.3. The Optical Module is adapted to the vision of the user and to his morphology when he sees the four sides of the red square. The optical module must not interfere with the vision of the user.
5.5.4. During the test, the User can change the support if necessary or add the support n ° 5 if necessary.
5.5.5. The Optics Module should be located at approximately the eyebrow of the user. The connection between the Optics Module and the bracket is done with a Dual Lock mounting kit, so that you can reposition the Optics Module at will.
5.5.6. For the purpose of Optical Module Installation, the User must remove the protective film and then stick the Optical Module on the support.
5.5.7. Two (2) pre-cut Dual Lock mounting kits are provided, if the chosen media is not suitable and the User decides to change it, he will need to use the second Dual Lock mounting kit without taking off the first one from the mount.
IMPORTANT: The translucent cube of the Optics Module is a fragile piece. As such, the Optical Module should never be handled by the translucent cube, but only by holding the plastic part.
IMPORTANT: The Product is used visor closed.
Article 6 - Use of Products
IMPORTANT: EYELIGHTS excludes all liability in case of use of the Product that does not comply with the detailed instructions below. As such, the User agrees to comply with all instructions herein regarding the Use of the Product.
IMPORTANT: EYELIGHTS excludes all liability for the use of the Product for any activity other than motorcycling.
IMPORTANT: EYELIGHTS excludes any liability in the event of manipulation of the Product by the User during the operation of his motorcycle.
IMPORTANT: Excessive use of the Product at high brightness may impair the view of the User.
6.1.Before using the Product, the User must always check that:
- all connections are well done;
- the rubber stopper protecting the charging connector is tightly closed.
6.2. In order to access all the features of the Product (including geolocation), the User must activate the Internet connection of his mobile phone, as well as the location settings of his mobile phone.
6.3. The Product is designed for use in mildly rainy or snowy weather only. As such, the User may not use the Product in case of degraded weather.
6.4. The Product once installed is adapted to the vision of a single User and its morphology. As such, EYELIGHTS excludes any liability in case of Use of the Product by any other user.
6.5. The User agrees not to use flaws, computer bugs or any other form of error to obtain benefits in the use of the Product and / or the Application. Similarly, the User agrees to immediately notify EYELIGHTS when he notices a flaw or an error on the Product and / or the Application.
6.6. The User agrees not to use the Product and / or the Application in a way that may render it inaccessible, damage it or prevent it from working.
Article 7 - License for the use of the Product
EYELIGHTS grants Users a limited license to the use of the Product, for an exclusively private and personal use, non-collective and non-exclusive. Under no circumstances are Users authorized to modify all or part of the Product without the prior written consent of EYELIGHTS. This license does not allow Users to make any commercial use of all or part of the Product.
Article 8 - Liability Article
8.1. User's responsibility
8.1.1. The User is responsible for the payment of any fees or expenses related to the use of the Product, the Application and the Mobile Phone, including the fees charged by the service provider for the use of the network and the sharing of data.
8.1.2. When using the Product, the User is solely responsible for the use he makes of it and the content he communicates. In this capacity, he is notably responsible for:
- the content produced by him through his Account, and in particular the respect of the good morals of said content;
- its adequacy with the laws and the regulations in particular with regard to the protection of the minors, the repression of the apology of the crimes against humanity, the incitement to the racial hatred as well as the child pornography, the incentive violence, including incitement to violence against women, as well as attacks on human dignity and respect for the human person;
- respect for the rights of third parties, particularly in the field of intellectual property.
Article 8.2. Responsibility of EYELIGHTS
8.2.1. EYELIGHTS reserves the right to suspend access to the Application in whole or in part without notice in particular to carry out any correction, update or maintenance operation. EYELIGHTS can not be held liable for any damage and / or resulting loss for the User.
8.2.2. EYELIGHTS is not responsible if any malfunction of the Application, beyond its control, prevents in particular the use of the Product.
8.2.3. EYELIGHTS will not be liable for damages suffered or occasioned by the use of the Product whether they are material or immaterial damages, consecutive or not consecutive. As such, it is the User's responsibility to take all appropriate measures to protect his own data and software from contamination by possible computer viruses.
8.2.4.EYELIGHTS is solely responsible for the content only produced by it and integrated into the Application, the Product and its functionalities.
8.2.5.EYELIGHTS is exclusively responsible for the content only produced by it and integrated into the Application, the Product and its functionalities. 8.2.6. EYELIGHTS can not be held responsible for a malfunction of the Product if it turns out that the origin of the problem is related to a defective Mobile Phone of the User.
8.2.7. EYELIGHTS excludes all liability in case of adaptation, modification or repair carried out by the User. As such, any adaptation, modification or repair must only be carried out by the EYELIGHTS after-sales service.
Article 9 - Intellectual property
9.1.All intellectual property rights and other rights related to the Product and the Application, including copyrights, trademarks, designs, rights to databases, and any other rights of intellectual property or other, are and remain the exclusive property of EYELIGHTS and, for the licensed technologies, their authors and / or owners.
9.2. In accordance with and within the limits of the article L.342-1 of the Code of the intellectual property, EYELIGHTS prohibits the extraction or reuse of all or part of the contents of the Product and the Application.
9.3. The User acknowledges the existence of these rights of ownership and intellectual property, and will not take any action to infringe, limit or in any way restrict the ownership or rights of EYELIGHTS with respect to the Product and / or the Application.
9.4. If the User wishes to use in another frame, and / or to diffuse data, information and / or contents of the Product and / or the Application, he must first make a written request to the address of the head office of EYELIGHTS .
9.5. The User agrees not to use the Product and / or the Application for any commercial purpose, not to rent, lend, sell, publish, license or sublicense, distribute, assign or otherwise transfer any or all part of the Product and / or the Application to any third party without the express written permission of EYELIGHTS which may condition it to a financial counterpart.
Article 11 - General Provisions
10.1. EYELIGHTS may modify these Terms and Conditions at any time, including to comply with a legal provision. The User will be informed of the changes made via the Application.
10.2. If any provision of these Terms and Conditions, or any part of them, is found to be void in respect of a regulation, a law in force or following a final judicial decision, it will be deemed unwritten, but will not result in the nullity of the Terms and Conditions as a whole, or that of the clause only partially concerned.
10.3 .. The fact that either Party has not required, temporarily or permanently, the application of a provision of these General Conditions shall not be considered as a waiver of the rights held by that Party.
Article 11-Applicable Law and Dispute Resolution
11.1. These General Terms and Conditions, as well as all the contractual relationships that may result from them, are subject to French law.
11.2. In the event that a dispute arises between the User and EYELIGHTS, the Parties undertake to seek an amicable solution, taking into account the interests of each of them before taking any legal action.
11.3. In the event that a dispute arises between the Parties, the User has the right to free use of a consumer mediator for the amicable resolution of the dispute with EYELIGHTS. As such, EYELIGHTS guarantees the User the effective use of a device for mediating consumption.
11.4. By default, EYELIGHTS offers the User the use of the Mediator of the National Council of Automotive Professions (CNPA)
11.5. The Parties agree that the dispute can not be examined by the consumer mediator when:
- the User does not justify having tried, beforehand, to resolve his dispute directly with EYELIGHTS by a written complaint sent by registered letter with acknowledgment of receipt to EYELIGHTS within fifteen (15) days from the Delivery of the Product;
- the request is manifestly unfounded or abusive;
- the dispute has been previously examined or is under consideration by another mediator or by a court;
- the User has submitted the request to the mediator within a period of more than one (1) year from his written complaint to EYELIGHTS;
- the dispute does not fall within the competence of the mediator.