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NewEyes — Terms of Service

Effective Date: May 15, 2026

Last Updated: April 14, 2026


Welcome to NewEyes (the "Service"), a visual artificial-intelligence application operated by Collov Labs ("Collov," "Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of the NewEyes mobile application, website, APIs, and all related services (collectively, the "Platform").

By creating an account, accessing, or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.


Table of Contents

  1. Eligibility and Account Registration
  2. Description of the Service
  3. Credits and Usage
  4. Community Feedback Program
  5. Your Content — Visual Inputs
  6. AI-Generated Outputs
  7. Acceptable Use Policy
  8. Prohibited Uses Specific to Visual AI
  9. Camera and Device Permissions
  10. Third-Party AI Models and Services
  11. Accuracy, Reliability, and Disclaimers
  12. Intellectual Property
  13. DMCA and Copyright Complaints
  14. Privacy
  15. Data Retention and Deletion
  16. User Feedback and Suggestions
  17. Indemnification
  18. Limitation of Liability
  19. Warranty Disclaimer
  20. Dispute Resolution and Arbitration
  21. Modifications to the Terms
  22. Termination and Suspension
  23. Export Controls and Sanctions
  24. Governing Law
  25. Severability
  26. Entire Agreement
  27. Contact Information

1. Eligibility and Account Registration

1.1 Age Requirement

You must be at least 18 years old (or the age of majority in your jurisdiction, whichever is higher) to use the Service. We do not knowingly allow users under 18 to create accounts or use the Service. If we learn that a user under 18 has created an account, we will promptly suspend the account and delete the associated data. If you are aware that a minor has provided us with personal information, please contact us immediately at cs@collov.com.

1.1.1 Jurisdictions With Lower Minimum Ages

In jurisdictions where the applicable minimum age for digital services is lower than 18 (e.g., 13 under COPPA, 16 under certain EU member state implementations of GDPR Article 8), users between the applicable minimum age and 18 may use the Service only with verifiable consent from a parent or legal guardian who (a) has reviewed and agrees to be bound by these Terms and our Privacy Policy on the minor's behalf, (b) assumes responsibility for the minor's use of the Service, and (c) understands that the Service processes sensitive visual data, including images captured by the device camera. We reserve the right to require documented proof of parental or guardian consent before permitting access. Minors with parental consent will have enhanced default privacy settings applied to their accounts, including: AI training data opt-out enabled by default, restricted content moderation thresholds, and limited data retention periods.

1.2 Account Creation

To access most features, you must create an account by providing accurate and complete information. You are responsible for:

  • Maintaining the confidentiality of your login credentials;
  • All activity occurring under your account;
  • Promptly notifying us at cs@collov.com of any unauthorized access.

1.3 One Account Per Person

Each individual may maintain only one active account. Creating multiple accounts to circumvent usage limits, bans, or credit allocations is strictly prohibited and may result in immediate termination of all associated accounts.

1.4 Organizational Use

If you use the Service on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms, and "you" shall refer to both you individually and that organization.


2. Description of the Service

2.1 Overview

NewEyes is a visual AI application that uses your device's camera and uploaded images to provide AI-powered analysis, recommendations, and interactive sessions. The Service includes, but is not limited to:

  • Real-time camera analysis — pointing your device camera at objects, scenes, or environments for AI interpretation;
  • Photo upload analysis — uploading images from your photo library for AI processing;
  • AI agent sessions — interactive, multi-turn conversations where the AI generates cards, recommendations, shopping lists, color palettes, music suggestions, maps, and other structured outputs;
  • Skills — specialized AI modules (e.g., interior design analysis, sports posture analysis, fashion and styling advice, recipe identification) that provide domain-specific analysis of visual inputs;
  • Memory — the ability for the AI to remember your preferences across sessions.

2.2 Service Availability

We strive to keep the Service available 24/7 but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, server issues, or circumstances beyond our control. We are not liable for any losses resulting from service interruptions.


3. Credits and Usage

3.1 Free Credits

Upon creating an account, you will receive a complimentary allocation of credits ("Starter Credits"). Credits are a virtual unit consumed when using the Service's AI features, including AI sessions and advanced capabilities.

3.2 Credit Terms

  • Credits are non-transferable, non-exchangeable, and have no cash or monetary value. Credits are generally non-refundable, except where applicable law requires otherwise or where credits were deducted due to a verified technical error on our part (see Section 3.4).
  • We reserve the right to adjust credit costs per session and credit allocations at any time, with reasonable advance notice provided via in-app notification or email.
  • Credits may not be purchased or sold on secondary markets. Any attempt to do so will result in forfeiture of credits and account termination.
  • We reserve the right to modify, increase, or decrease Starter Credit amounts for new users at any time.

3.3 Additional Credits

Once your Starter Credits are exhausted, you may earn additional credits through our Community Feedback Program (see Section 4) or other programs we may introduce from time to time. We may also introduce paid credit purchases or subscription plans in the future, which will be governed by updated Terms.

3.4 Technical Issues

If you experience a qualifying technical issue (e.g., sessions fail to load, credits are incorrectly deducted), contact us at cs@collov.com within 30 days of the issue. We will investigate and, at our sole discretion, may issue a credit restoration.


4. Community Feedback Program

4.1 Earning Credits Through Feedback

We currently operate a Community Feedback Program through our official Discord server. When your credits are exhausted, you may join our Discord community and provide product feedback, bug reports, feature suggestions, or other constructive input. In exchange, we may grant additional credits to your account at our sole discretion.

4.2 Program Terms

  • Participation in the Community Feedback Program is entirely voluntary;
  • Credit grants for feedback are at our sole discretion — there is no guaranteed exchange rate between feedback and credits;
  • We reserve the right to modify, suspend, or discontinue the Community Feedback Program at any time without notice;
  • Feedback submitted through Discord is subject to the User Feedback provisions in Section 16;
  • Abusive, spam, or low-effort submissions do not qualify for credit grants;
  • Credit grants are non-transferable and apply only to the account associated with the Discord user.

5. Your Content — Visual Inputs

5.1 Ownership

You retain all ownership rights in the images, photographs, video frames, and live camera feeds ("Visual Inputs") that you capture with the camera or upload to the Service. We do not claim ownership of your Visual Inputs.

5.2 License Grant to Collov

By submitting Visual Inputs to the Service, you grant Collov a worldwide, non-exclusive, royalty-free license to:

  • Process your Visual Inputs through our AI models to generate outputs and provide the Service;
  • Temporarily store your Visual Inputs on our servers for the duration necessary to provide the Service, including session history and memory features.

This license is limited to the purposes of operating, providing, maintaining, and improving the Service for you. It does not grant Collov the right to sell, publicly display, or distribute your identifiable Visual Inputs to third parties for their independent use.

5.2.1 AI Training License — Separate Consent

If you affirmatively consent through the in-app privacy settings (Settings → Privacy → Data Usage → "Help Improve NewEyes AI"), you additionally grant Collov a limited license to use your Visual Inputs in de-identified, aggregated, or anonymized form to improve, train, and evaluate our AI models. This training license is subject to the following restrictions:

  • Biometric exclusion: Visual Inputs containing facial geometry, body measurements, or other data that may constitute biometric identifiers or biometric information under applicable law (including but not limited to the Illinois Biometric Information Privacy Act, Texas CUBI, and Washington RCW 19.375) will not be used for AI training unless we have obtained your separate, informed, written consent as required by such laws;
  • De-identification requirement: All Visual Inputs used for training must first undergo our de-identification process (described in the Privacy Policy, Section 6.2), which includes removal of account identifiers, GPS metadata, and, where technically feasible, blurring or masking of faces;
  • Revocability: You may withdraw this training consent at any time through the in-app toggle or by emailing cs@collov.com. Withdrawal takes effect immediately for new data (see Section 15.2);
  • No sublicensing for training: Visual Inputs subject to this training license will not be sublicensed or transferred to third parties for their own model training.

If you do not affirmatively opt in, your Visual Inputs will not be used for AI training purposes. The training license, once granted, survives termination of your account solely with respect to Visual Inputs that were already anonymized and incorporated into training datasets prior to your withdrawal of consent or account termination.

5.3 Your Representations

By submitting Visual Inputs, you represent and warrant that:

  • You own or have all necessary rights, licenses, and permissions to the Visual Inputs;
  • The Visual Inputs do not infringe any third party's intellectual property, privacy, or publicity rights;
  • You have obtained informed consent from any identifiable individuals appearing in the Visual Inputs, where required by applicable law (including but not limited to GDPR, CCPA, BIPA, and equivalent local legislation);
  • The Visual Inputs do not contain illegal content, including but not limited to child sexual abuse material (CSAM), non-consensual intimate imagery, or classified/restricted government materials;
  • You have the right to grant the licenses described in Section 5.2.

5.4 Sensitive Visual Content

You acknowledge that the Service processes visual data, which may include:

  • Interior spaces of your home, workplace, or other private environments;
  • Personal belongings and possessions that may reveal information about your lifestyle, habits, or financial status;
  • Locations that may be identifiable through landmarks, addresses, signage, or GPS metadata;
  • People who may be incidentally or intentionally captured, including their physical appearance, clothing, and behavior;
  • Documents, screens, or text that may be visible in the frame;
  • Medical conditions or physical characteristics that may be observable.

You are solely responsible for ensuring that your use of the camera and image upload features complies with all applicable laws regarding consent, surveillance, recording, and data protection in your jurisdiction. Collov is not responsible for Visual Inputs that violate third-party rights.

5.5 No Obligation to Store

We are under no obligation to store, maintain, or provide copies of your Visual Inputs indefinitely. You are responsible for maintaining your own backups. We may delete Visual Inputs in accordance with our retention policies or upon account termination.

5.6 Content Moderation

We reserve the right (but have no obligation) to review, screen, and remove Visual Inputs that we determine, in our sole discretion, violate these Terms or our content policies. We may use automated tools and human review to detect prohibited content.


6. AI-Generated Outputs

6.1 Ownership of Outputs

Subject to applicable law:

  • Outputs generated from your Visual Inputs (including but not limited to text analysis, product recommendations, shopping lists, color palettes, styled images, maps, music suggestions, recipes, and structured data cards) are assigned to you to the extent permitted by applicable law, effective upon creation. You may use them for any lawful purpose, including commercial use.
  • We retain no ownership claim over outputs uniquely generated for you. This assignment of rights is irrevocable upon creation and is not contingent on the continued standing of your account. If your account is subsequently suspended or terminated, you retain ownership of outputs already generated prior to such suspension or termination, though your ability to access and retrieve them through the Service may be limited.

6.2 Non-Uniqueness

AI-generated outputs are not guaranteed to be unique. Other users submitting similar Visual Inputs may receive similar or identical outputs. We make no representation of exclusivity, and no output should be treated as a trade secret or proprietary information solely by virtue of being AI-generated.

6.3 No Guarantee of Intellectual Property Protection

We do not guarantee that AI-generated outputs qualify for copyright, trademark, patent, or other intellectual property protection under the laws of any jurisdiction. The legal status of AI-generated works varies by jurisdiction and is rapidly evolving. You assume all risk related to intellectual property claims over AI-generated outputs.

6.4 AI Output Accuracy

AI-generated outputs, including but not limited to product recommendations, color analyses, spatial measurements, style suggestions, pricing information, shopping links, recipe ingredients, health/fitness assessments, and interior design recommendations:

  • Are provided for informational and entertainment purposes only;
  • May contain errors, inaccuracies, "hallucinations," or outdated information;
  • Should not be relied upon as professional advice (medical, legal, financial, architectural, nutritional, or otherwise);
  • Are not a substitute for professional consultation in any domain.

6.5 Visual Analysis Limitations

You specifically acknowledge and agree that:

  • Color representation may vary based on lighting conditions, camera sensor quality, white balance, screen calibration, and environmental factors. Colors identified by the AI may not match real-world Pantone, RAL, or other color standard values;
  • Object identification and classification may be incorrect, especially for uncommon, partially occluded, or culturally specific items;
  • Spatial measurements and dimensions are rough estimates based on visual cues and should never be used for construction, renovation, structural engineering, or safety-critical applications;
  • Product recommendations and pricing are not guaranteed to reflect current availability, pricing, specifications, or suitability. We are not a retailer and bear no responsibility for third-party products;
  • Nutritional information and recipes generated by the Service are approximate and should not be relied upon by individuals with food allergies, dietary restrictions, or medical conditions without independent verification;
  • Health, fitness, or posture analysis is not medical advice. It is not FDA-approved, CE-marked, or otherwise certified as a medical device. It should not replace consultation with a qualified healthcare professional;
  • Interior design suggestions are conceptual and aesthetic in nature. They do not account for structural, electrical, plumbing, fire safety, accessibility, or building code requirements.

6.6 Output Retention

AI-generated outputs from your sessions may be stored as part of your session history. We reserve the right to retain, delete, or archive outputs in accordance with our retention policies.


7. Acceptable Use Policy

7.1 General Rules

You agree not to use the Service to:

  1. Violate any applicable local, state, national, or international law, regulation, or third-party right;
  2. Generate, upload, or distribute harmful, abusive, threatening, harassing, stalking, defamatory, libelous, or obscene content;
  3. Impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity;
  4. Attempt to reverse-engineer, decompile, disassemble, or derive source code, algorithms, model weights, or training methodologies from the Service or its AI models;
  5. Circumvent any access controls, usage limits, rate limits, credit limits, or security features, including through the use of multiple accounts or device spoofing. The use of VPNs or similar privacy tools for legitimate personal privacy purposes is permitted; however, you may not use VPNs to evade geographic restrictions, circumvent access controls, mask fraudulent activity, or create multiple accounts;
  6. Use automated means (bots, scrapers, crawlers, macro tools) to access the Service except through our official, documented APIs;
  7. Interfere with or disrupt the integrity, performance, or availability of the Service or its infrastructure;
  8. Use the Service to develop, train, or fine-tune competing AI products, models, or services by systematically extracting, caching, or aggregating model outputs ("model distillation");
  9. Sell, resell, lease, sublicense, or redistribute access to the Service, individual sessions, credits, or outputs at scale without our prior written consent;
  10. Use the Service in any manner that could damage, disable, overburden, or impair our servers, networks, or systems;
  11. Harvest or collect personal information of other users;
  12. Use the Service to send spam, chain letters, or unsolicited communications;
  13. Upload files that contain viruses, Trojan horses, worms, or other malicious code.

7.2 Enforcement

We reserve the right to investigate and take appropriate action against violations, including but not limited to:

  • Removing offending content;
  • Issuing warnings;
  • Temporarily or permanently suspending or terminating accounts;
  • Forfeiting unused credits;
  • Reporting illegal activity to law enforcement authorities;
  • Pursuing legal remedies.

Enforcement decisions are at our sole discretion and are not subject to appeal except as required by applicable law.


8. Prohibited Uses Specific to Visual AI

In addition to the general Acceptable Use Policy, the following uses are strictly prohibited and may result in immediate, permanent account termination:

8.1 Deepfakes and Deceptive Synthetic Media

  • Generating, modifying, or distributing synthetic media ("deepfakes") that depict real individuals without their explicit, informed, written consent;
  • Creating realistic images, animations, or videos of real people in fabricated scenarios, especially sexual, violent, degrading, or politically compromising contexts;
  • Using the Service to face-swap, body-swap, or otherwise digitally alter depictions of real individuals;
  • Generating synthetic media intended to deceive viewers into believing it depicts real events.

8.2 Biometric Extraction and Surveillance

  • Using the Service to extract, collect, store, or process biometric identifiers or biometric information (e.g., facial geometry, fingerprints, iris patterns, voiceprints, gait analysis) for identification, verification, or tracking purposes;
  • Using the Service for any form of real-time or persistent surveillance, monitoring, or tracking of individuals without their knowledge and explicit consent;
  • Building, augmenting, or contributing to facial recognition databases, watchlists, or identification systems using Visual Inputs or outputs from the Service;
  • Using the Service in conjunction with law enforcement surveillance tools, predictive policing systems, or social credit scoring systems.

8.3 Child Safety (Zero-Tolerance Policy)

  • Uploading, generating, soliciting, or distributing any content that sexually exploits, depicts, or endangers minors, including child sexual abuse material (CSAM) and any stylized, fictional, or AI-generated depictions thereof;
  • Using the Service to photograph, analyze, track, groom, or otherwise target minors without parental/guardian consent;
  • Any use that facilitates child exploitation in any form will result in:
  • Immediate and permanent account termination without refund;
  • Preservation of all relevant evidence;
  • Reporting to the National Center for Missing & Exploited Children (NCMEC), the Internet Watch Foundation (IWF), and relevant local, national, and international law enforcement agencies;
  • Full cooperation with law enforcement investigations.

8.4 Non-Consensual Intimate Imagery (NCII)

  • Creating, distributing, or threatening to distribute intimate, sexual, nude, or partially nude imagery of any person without their explicit, informed consent;
  • Using the Service to digitally undress, de-clothe, expose, or generate sexualized imagery of real individuals;
  • Soliciting or facilitating "revenge porn" or sextortion;
  • Creating intimate imagery of any person based on non-intimate source photos.

8.5 Discrimination, Bias, and Profiling

  • Using the Service to discriminate against individuals or groups based on race, ethnicity, color, national origin, gender, gender identity, sexual orientation, age, religion, disability, genetic information, veteran status, or any other legally protected characteristic;
  • Using visual analysis outputs for discriminatory profiling, screening, scoring, or decision-making in employment, housing, credit, insurance, education, public accommodations, or law enforcement contexts;
  • Using the Service to assess, rate, rank, or categorize individuals based on their physical appearance, perceived attractiveness, estimated age, perceived socioeconomic status, or other observable characteristics in ways that could lead to discrimination.

8.6 Weapons, Controlled Substances, and Dangerous Activities

  • Using the Service to identify, locate, design, manufacture, assemble, modify, or acquire weapons, firearms, explosives, chemical agents, biological agents, or controlled substances;
  • Using the Service to plan, coordinate, or facilitate violent acts, terrorism, self-harm, or dangerous activities;
  • Using the Service to identify security vulnerabilities of physical locations for the purpose of trespass, burglary, or attack.

8.7 Deception, Fraud, and Misinformation

  • Using the Service to generate visual content intentionally designed to deceive, defraud, or mislead, including but not limited to:
  • Fake product images or counterfeit goods imagery;
  • Forged, altered, or fabricated documents, credentials, or identification;
  • Manipulated evidence intended for legal proceedings;
  • Misleading political content or election-related disinformation;
  • Representing AI-generated outputs as human-created original work in contexts where disclosure is legally or ethically required;
  • Using AI-generated imagery to create fake social media profiles, fake reviews, or false testimonials.

8.8 Unauthorized Photography and Recording

  • Using the Service's camera features to photograph, record, or analyze individuals in locations where they have a reasonable expectation of privacy (e.g., restrooms, changing rooms, locker rooms, hotel rooms, private residences) without their consent;
  • Violating one-party or two-party consent recording laws applicable in your jurisdiction;
  • Using the Service in a manner that constitutes voyeurism, stalking, or harassment.

8.9 Medical and Health Misuse

  • Using the Service as a substitute for professional medical diagnosis, treatment, or clinical decision-making, including but not limited to:
  • Dermatological assessment of skin lesions, moles, or rashes;
  • Nutritional or dietary planning for individuals with medical conditions;
  • Physical therapy or rehabilitation guidance;
  • Mental health assessment or crisis intervention;
  • Marketing, distributing, or representing AI-generated health-related outputs as clinically validated, FDA-cleared, or medically certified;
  • Relying on fitness or posture analysis features for medical decisions without consulting a qualified healthcare professional.

8.10 Critical Infrastructure and Safety-Critical Applications

  • Using the Service for real-time or near-real-time decision-making in safety-critical systems, including but not limited to:
  • Autonomous vehicle navigation or control;
  • Medical device operation or patient monitoring;
  • Air traffic control or aviation systems;
  • Nuclear facility operation;
  • Emergency response or disaster management;
  • Industrial control systems (SCADA/ICS);
  • Any application where a failure or inaccuracy in AI output could result in death, personal injury, or significant property damage.

8.11 Intellectual Property Infringement

  • Using the Service to systematically reproduce, replicate, or generate outputs that substantially copy copyrighted works, trademarked designs, or patented inventions;
  • Uploading copyrighted Visual Inputs (e.g., images from stock photo services, copyrighted artwork, screenshots of proprietary content) to the Service in a manner that infringes the copyright owner's exclusive rights;
  • Using the Service to create counterfeit versions of branded or trademarked products.

9. Camera and Device Permissions

9.1 Permissions Requested

The Service may request the following device permissions:

PermissionPurposeRequired?
CameraReal-time visual analysis and image captureYes (core feature)
Photo Library / GalleryUploading existing photos for analysisOptional
MicrophoneVoice input for AI sessionsOptional
Push NotificationsSession completion alerts, credit alerts, and updatesOptional
Network / InternetCommunication with AI processing serversYes
Storage / FilesSaving AI-generated outputs to your deviceOptional
LocationLocation-aware recommendations (if applicable)Optional

9.2 Permission Scope and Guarantees

  • Camera access is used exclusively during active, in-app use of the Service and only when explicitly activated by you (e.g., by navigating to the camera screen);
  • We do not access your camera or microphone in the background when the app is not in the foreground;
  • We do not continuously monitor, stream, or record video from your device;
  • Camera frames are captured and transmitted to our servers for AI processing during your active session. Frames are processed in real-time and are not permanently stored on our servers beyond the session unless you explicitly choose to save a session or photo;
  • Photo library access is requested only when you initiate an upload and is limited to the specific photos you select;
  • We do not scan, index, or catalog your entire photo library.

9.3 Revocation

You may revoke any permission at any time through your device's operating system settings. Revoking certain permissions (e.g., camera) may limit or disable core functionality of the Service. We will not penalize you for revoking optional permissions.

9.4 Platform-Specific Disclosures

  • iOS (Apple): Camera and microphone usage descriptions are disclosed in the app's Info.plist and presented to you at the time of first access as required by Apple's App Store Review Guidelines.
  • Android (Google): Permissions are declared in the app manifest and requested at runtime in compliance with Android's permission model.

10. Third-Party AI Models and Services

10.1 Underlying Technology

The Service utilizes a combination of proprietary and third-party AI models, APIs, and services to process your Visual Inputs and generate outputs. Third-party providers may include, but are not limited to:

  • OpenAI (GPT family of models);
  • Google (Gemini family of models);
  • Anthropic (Claude family of models);
  • Other computer vision, natural language processing, and multimodal AI providers.

By using the Service, you acknowledge that:

  • Your Visual Inputs and associated text prompts may be transmitted to and processed by these third-party providers' servers;
  • Such processing is subject to both our Privacy Policy and the respective privacy policies and data processing agreements we maintain with each provider;
  • We select and configure third-party models to align with our quality, safety, and privacy standards, but we do not control the underlying behavior, training data, or potential biases of third-party models;
  • The specific models and providers used may change at any time without notice as we optimize for quality, cost, and performance.

10.2 Third-Party Content and Links

The Service may display, reference, or link to third-party products, services, prices, retailers, and content (e.g., shopping recommendations, product cards, map locations, music services). We:

  • Do not endorse, verify, or guarantee the accuracy, quality, safety, or availability of third-party products or services;
  • Are not a party to any transaction between you and a third-party retailer or service provider;
  • Bear no responsibility for third-party content, products, pricing, delivery, warranties, or customer service;
  • Do not receive commission or compensation from all recommended products or services.

10.3 LiveKit and Real-Time Infrastructure

The Service may use real-time communication infrastructure (e.g., LiveKit) for streaming camera data to our AI processing servers. All real-time data transmission is encrypted in transit using TLS/DTLS. We do not store raw streaming data beyond the active session duration unless explicitly requested by you.

10.4 Cloud Infrastructure

Your data is processed and stored on cloud infrastructure (e.g., Google Cloud Platform). We maintain industry-standard security measures and compliance certifications as described in our Privacy Policy.


11. Accuracy, Reliability, and Disclaimers

11.1 No Professional Advice

The Service provides AI-generated analysis, suggestions, and outputs. Nothing in the Service constitutes professional advice, including but not limited to:

  • Interior design, architecture, or structural engineering advice;
  • Medical, health, fitness, or nutritional advice;
  • Financial, investment, or tax advice;
  • Legal advice;
  • Real estate appraisal or valuation;
  • Product safety assessments;
  • Fashion, beauty, or personal care recommendations with health implications.

Always consult a qualified professional before making decisions based on AI-generated outputs.

11.2 AI Hallucinations and Confabulation

AI models may produce outputs that are plausible-sounding but factually incorrect, internally inconsistent, logically flawed, or entirely fabricated ("hallucinations" or "confabulations"). This is a known and currently unavoidable limitation of large language models and multimodal AI systems. You are solely responsible for independently verifying the accuracy, safety, and appropriateness of any AI-generated output before relying on it.

11.3 Visual Perception Limitations

AI visual analysis is subject to inherent and well-documented limitations, including but not limited to:

  • Poor performance in low-light, high-glare, backlit, foggy, or occluded conditions;
  • Inability to accurately perceive depth, true scale, or real-world dimensions from 2D images;
  • Color perception errors due to white balance, color temperature, sensor limitations, or ambient lighting;
  • Misidentification of objects, materials, textures, patterns, or spatial relationships;
  • Cultural, regional, or domain-specific misinterpretations (e.g., misidentifying regional cuisine, local plant species, or culturally specific clothing);
  • Potential algorithmic bias in object recognition, scene classification, or content moderation that may disproportionately affect certain groups;
  • Inability to detect or distinguish between real objects and images/photographs of objects (e.g., a photo of a painting vs. the painting itself).

11.4 Product and Pricing Information

Any product recommendations, shopping lists, pricing information, or purchase links generated by the Service are not offers to sell or solicitations to buy. They are AI-generated suggestions that may not reflect current availability, pricing, specifications, compatibility, safety ratings, or recall status. Always verify with the actual retailer or manufacturer before making a purchase decision.


12. Intellectual Property

12.1 Collov IP

The Service, including its software, mobile application, design, branding, logos ("NewEyes," "Collov," "AgentOne"), user interface, user experience, documentation, server infrastructure, AI pipelines, and underlying proprietary technology, are the exclusive property of Collov Labs and its licensors. These are protected by copyright, trademark, patent, trade secret, and other intellectual property laws. Nothing in these Terms grants you any right, title, or interest in or to our trademarks, branding, or proprietary technology except the limited right to use the Service as described herein.

12.2 Model Weights and Architecture

You may not access, extract, copy, download, reverse-engineer, decompile, disassemble, or otherwise attempt to derive the model weights, architectures, hyperparameters, training data, fine-tuning data, system prompts, safety filters, or other proprietary components of the AI models used in the Service, whether proprietary to Collov or licensed from third parties.

12.3 Open-Source Components

The Service may incorporate open-source software components. Such components are governed by their respective open-source licenses, which prevail over these Terms to the extent of any conflict. A list of open-source components and their licenses is available upon request.


13. DMCA and Copyright Complaints

13.1 Notification

If you believe that content available on or through the Service infringes your copyright, please submit a notification under the Digital Millennium Copyright Act ("DMCA") to our designated agent:

DMCA Agent:

Collov Labs

Email: cs@collov.com

Your notification must include all of the following:

  1. A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
  2. Identification of the copyrighted work claimed to have been infringed;
  3. Identification of the material claimed to be infringing, with sufficient detail to allow us to locate it (e.g., session ID, URL, or description);
  4. Your contact information (name, address, telephone number, and email);
  5. A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law;
  6. A statement, made under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or authorized to act on the owner's behalf.

13.2 Counter-Notification

If you believe your content was removed or disabled in error or misidentification, you may submit a counter-notification with the information required under 17 U.S.C. § 512(g), including:

  1. Your physical or electronic signature;
  2. Identification of the material removed and its prior location;
  3. A statement under penalty of perjury that you have a good faith belief the material was removed as a result of mistake or misidentification;
  4. Your name, address, and telephone number, and consent to jurisdiction of the federal court in your district.

13.3 Repeat Infringers

We will terminate the accounts of users who are determined to be repeat copyright infringers in appropriate circumstances, in accordance with the DMCA.


14. Privacy

Your use of the Service is also governed by our Privacy Policy, which describes in detail how we collect, use, store, share, and protect your personal data, including Visual Inputs, session data, and device information. By using the Service, you acknowledge that you have read, understood, and consented to the practices described in our Privacy Policy.

Key privacy highlights relevant to these Terms include:

  • Visual Inputs are transmitted to and processed on our cloud servers and may be processed by third-party AI model providers;
  • Session history and outputs may be stored to provide the memory, history, and personalization features;
  • We implement industry-standard technical and organizational safeguards to protect your data;
  • You have rights regarding your personal data as described in the Privacy Policy, including rights of access, correction, deletion, and portability (where applicable);
  • We do not sell your personal data to third parties for their own marketing purposes.

15. Data Retention and Deletion

15.1 Retention Periods

  • Active session data (Visual Inputs, prompts, and outputs) is retained for the duration of your active session and may be cached temporarily for performance optimization;
  • Session history (completed sessions, outputs, and associated metadata) is retained for as long as your account is active, unless you delete individual sessions;
  • Account data (profile information, preferences, settings) is retained for the life of your account plus 90 days after account deletion;
  • Credit transaction records are retained for the period required by applicable regulations;
  • Anonymized/aggregated data derived from your usage may be retained indefinitely for service improvement, research, and analytics.

15.2 Opt-Out of Training Data Use

You may opt out of having your Visual Inputs and session data used to train, fine-tune, or improve our AI models by:

  • In-app toggle (immediate effect): Adjusting the relevant setting in the app (Settings → Privacy → Data Usage → "Help Improve NewEyes AI"). Toggling this setting off takes effect immediately — no new Visual Inputs or session data submitted after the toggle is turned off will be used for training;
  • Email: Emailing cs@collov.com with your account identifier and a request to opt out. Email requests will be processed within 7 business days.

Opting out of training data use does not affect the processing necessary to provide the Service to you in real-time. Visual Inputs and data that were already de-identified and incorporated into training datasets prior to your opt-out request cannot be retroactively extracted from existing model weights, as they have been transformed into statistical parameters that cannot be disaggregated. However, we commit to (a) ceasing all further use of your identifiable data for training purposes immediately upon opt-out, and (b) taking reasonable steps to exclude your data from future training dataset refreshes and model retraining cycles where technically feasible.

15.3 Account Deletion

You may request deletion of your account and associated data by:

  • Using the in-app account deletion feature (Settings → Account → Delete Account);
  • Emailing cs@collov.com with your registered email address and a deletion request.

Upon receiving a valid deletion request, we will:

  • Deactivate your account within 48 hours;
  • Permanently delete your personal data (including Visual Inputs, session history, and preferences) within 30 days, except where retention is required by applicable law, regulation, or for legitimate business purposes (e.g., fraud prevention, ongoing legal proceedings, financial record-keeping);
  • Note: Data that has already been anonymized, aggregated, or incorporated into trained model weights cannot be isolated and deleted.

15.4 Post-Deletion Effects

After account deletion:

  • All remaining credits are permanently forfeited;
  • Your username may become available for re-registration;
  • Deletion is irreversible — we cannot restore deleted accounts or data.

16. User Feedback and Suggestions

Any feedback, comments, feature requests, suggestions, ideas, improvement proposals, bug reports, or other communications you voluntarily provide regarding the Service ("Feedback") are non-confidential and non-proprietary. By submitting Feedback, you grant Collov a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable license to use, reproduce, modify, adapt, publish, distribute, and incorporate such Feedback into the Service or any other product or service without any obligation of attribution, acknowledgment, or compensation to you. You waive any moral rights in such Feedback to the extent permitted by law.


17. Indemnification

To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Collov Labs, its parent companies, subsidiaries, affiliates, officers, directors, employees, agents, contractors, licensors, and service providers from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising from or related to:

  1. Your access to or use of (or inability to use) the Service;
  2. Your Visual Inputs or any content you submit, upload, create, or share through the Service;
  3. Your violation of these Terms, including the Acceptable Use Policy and Prohibited Uses;
  4. Your violation of any third-party right, including intellectual property rights, privacy rights, publicity rights, or any other proprietary right;
  5. Your violation of any applicable law, rule, or regulation;
  6. Any misuse of or reliance on AI-generated outputs, including but not limited to acting on inaccurate or hallucinated outputs for professional, medical, legal, financial, or safety-critical decisions;
  7. Claims by third parties depicted in, identified through, or otherwise affected by your Visual Inputs or outputs generated from them;
  8. Any dispute between you and a third party (including third-party retailers, service providers, or individuals) related to the Service or its outputs;
  9. Any unauthorized access to your account caused by your failure to maintain the security of your credentials.

We reserve the right, at your expense, to assume exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense.


18. Limitation of Liability

18.1 Cap on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COLLOV LABS' TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICE, OR YOUR USE THEREOF SHALL NOT EXCEED THE GREATER OF:

(A) THE AMOUNTS YOU ACTUALLY PAID TO COLLOV IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR

(B) ONE HUNDRED U.S. DOLLARS (US $100).

18.2 Exclusion of Damages

IN NO EVENT SHALL COLLOV LABS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY:

  • INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES;
  • LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, GOODWILL, OR ANTICIPATED SAVINGS;
  • COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
  • DAMAGES ARISING FROM AI-GENERATED OUTPUTS, INCLUDING INACCURATE VISUAL ANALYSIS, INCORRECT PRODUCT RECOMMENDATIONS, INCORRECT PRICING, ERRONEOUS HEALTH OR FITNESS ASSESSMENTS, OR RELIANCE ON AI-GENERATED CONTENT;
  • DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO, ALTERATION OF, OR DELETION OF YOUR VISUAL INPUTS, ACCOUNT DATA, OR SESSION HISTORY;
  • DAMAGES ARISING FROM SERVICE INTERRUPTIONS, DOWNTIME, OR DATA LOSS;
  • DAMAGES ARISING FROM THIRD-PARTY AI MODEL BEHAVIOR, ERRORS, OR LIMITATIONS;
  • DAMAGES ARISING FROM ACTIONS TAKEN IN RELIANCE ON AI-GENERATED OUTPUTS;

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF COLLOV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

18.3 Exceptions to Limitation

NOTWITHSTANDING THE FOREGOING, NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT LIABILITY FOR:

  • (A) DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF COLLOV LABS, ITS EMPLOYEES, OR ITS AGENTS;
  • (B) FRAUD OR FRAUDULENT MISREPRESENTATION;
  • (C) GROSS NEGLIGENCE OR WILLFUL MISCONDUCT BY COLLOV LABS;
  • (D) ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING MANDATORY CONSUMER PROTECTION RIGHTS AND STATUTORY WARRANTIES THAT CANNOT BE WAIVED;
  • (E) COLLOV LABS' OBLIGATIONS UNDER APPLICABLE DATA PROTECTION AND PRIVACY LAWS, INCLUDING LIABILITY FOR UNAUTHORIZED DISCLOSURE OF YOUR PERSONAL DATA OR VISUAL INPUTS CAUSED BY COLLOV'S FAILURE TO IMPLEMENT REASONABLE SECURITY MEASURES.

18.4 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, or do not allow limitations on the duration of implied warranties. In such jurisdictions, our liability shall be limited to the greatest extent permitted by applicable law. Where a jurisdiction requires a minimum liability floor, that floor shall apply in lieu of the cap stated in Section 18.1 to the extent it exceeds the cap.


19. Warranty Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY;
  • WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, OR QUALITY OF AI-GENERATED OUTPUTS;
  • WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, VIRUS-FREE, OR FREE OF HARMFUL COMPONENTS;
  • WARRANTIES REGARDING THE ACCURACY OF VISUAL ANALYSIS, OBJECT RECOGNITION, COLOR DETECTION, SPATIAL MEASUREMENTS, PRODUCT IDENTIFICATION, OR ANY OTHER AI-POWERED FEATURE;
  • WARRANTIES REGARDING THE CONTINUED AVAILABILITY OF ANY SPECIFIC MODEL, FEATURE, OR CAPABILITY;
  • WARRANTIES REGARDING COMPATIBILITY WITH YOUR DEVICE, OPERATING SYSTEM, OR NETWORK.

YOU ACKNOWLEDGE THAT AI TECHNOLOGY IS INHERENTLY PROBABILISTIC, NOT DETERMINISTIC, AND THAT OUTPUTS MAY VARY BETWEEN SESSIONS, BE INCORRECT, CONTAIN BIASES, OR FAIL TO CAPTURE IMPORTANT DETAILS. YOU ASSUME ALL RISK ASSOCIATED WITH YOUR USE OF THE SERVICE AND ITS OUTPUTS.

NOTWITHSTANDING THE FOREGOING, THIS DISCLAIMER DOES NOT EXCLUDE ANY WARRANTIES THAT CANNOT BE WAIVED UNDER THE MANDATORY CONSUMER PROTECTION LAWS OF YOUR JURISDICTION. IN JURISDICTIONS THAT DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ANY IMPLIED WARRANTIES SHALL BE LIMITED IN DURATION TO THE MINIMUM PERIOD REQUIRED BY LAW.


20. Dispute Resolution and Arbitration

20.1 Informal Resolution First

Before filing any formal legal proceeding, you agree to first contact us at cs@collov.com and attempt to resolve the dispute informally for at least 60 days. During this period, both parties agree to negotiate in good faith.

20.2 Binding Individual Arbitration

If the dispute is not resolved informally within the 60-day period, you and Collov agree to resolve any and all disputes, claims, or controversies arising out of or relating to these Terms, the Service, or the relationship between you and Collov through final and binding individual arbitration, rather than in court, except as specified below.

Arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (or, if applicable, its Commercial Arbitration Rules for business-related disputes). The arbitration will be conducted in English, remotely by videoconference to the extent feasible, or at a mutually agreed location. The seat of arbitration shall be San Francisco, California.

The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

20.3 Class Action and Jury Trial Waiver

YOU AND COLLOV AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING. YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL FOR ANY CLAIMS WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT.

The arbitrator may not consolidate the claims of more than one party and may not preside over any form of representative or class proceeding.

20.4 Mass Arbitration Procedures

If, at any time, 25 or more similar arbitration demands are filed against Collov that raise substantially similar claims and are filed by or with the assistance of the same law firm, organization, or group of law firms ("Mass Filing"), the following additional procedures apply:

  • Bellwether Process: The AAA (or agreed-upon arbitration provider) will randomly select 10 demands to proceed first as bellwether cases. All other demands in the Mass Filing shall be stayed and their filing fees held in abeyance pending resolution of the bellwether cases. Only the filing fees for the selected bellwether cases will be due initially;
  • Mediation Before Remaining Cases: After the bellwether cases are resolved, the parties will engage in a single, good-faith mediation session (with costs shared equally) before a mutually agreed mediator. If the mediation does not resolve the remaining cases, they will proceed in batches of no more than 50 at a time, in a sequence to be agreed upon or determined by the arbitration provider;
  • Fee Deferral: Filing fees for non-bellwether, non-current-batch demands are deferred until the demand is selected for a batch, at which point the applicable fee schedule applies;
  • Opt-Out to Court: If a Mass Filing claimant's demand has not been selected for arbitration within 12 months of the filing, that claimant may elect to withdraw from arbitration and pursue their claim in court consistent with Section 24.

Nothing in this Section is intended to limit the right of any individual claimant to file a single, individual arbitration demand.

20.5 Small Claims Exception

Notwithstanding the above, either party may bring an individual action in small claims court for disputes within the court's jurisdictional limits, provided the action is not removed or transferred to a different court.

20.6 Injunctive Relief Exception

Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights, copyrights, trademarks, trade secrets, or confidential information.

20.7 Opt-Out of Arbitration

You may opt out of the binding arbitration and class action waiver provisions by sending written notice to cs@collov.com within 30 calendar days of first accepting these Terms. Your notice must include your full legal name, email address associated with your account, mailing address, and a clear, unambiguous statement that you wish to opt out of arbitration. If you opt out, disputes will be resolved in the courts specified in Section 24.

20.8 Costs

If the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose, each party will bear its own costs. Otherwise, Collov will pay all AAA filing, administration, and arbitrator fees for claims up to $10,000 USD.


21. Modifications to the Terms

21.1 Right to Modify

We reserve the right to modify, update, or revise these Terms at any time. We will make reasonable efforts to notify you of material changes through one or more of the following:

  • In-app notification or banner;
  • Email to the address associated with your account;
  • Prominent notice on the Platform or website;
  • Push notification (if enabled).

21.2 Effective Date

Material changes will be effective 30 days after notice is provided, unless a shorter timeframe is required by law or necessary for security, legal compliance, or abuse prevention. Non-material changes (e.g., formatting, typographical corrections) may take effect immediately.

21.3 Acceptance of Material Changes

For material changes — including changes that affect your rights, obligations, data usage, credit terms, dispute resolution, or liability — we will require your affirmative consent (e.g., a click-through acceptance prompt within the app) before the changes take effect. If you do not accept the updated Terms within 30 days of notification:

  • You will be given the option to export your data (including session history and remaining credit balance information) before your account is affected;
  • Your continued use of the Service will not be treated as implied acceptance of the material changes;
  • If you decline the updated Terms, you may delete your account. We will not penalize you for declining, and any credits remaining at the time of your decision will be subject to the credit restoration procedures in Section 3.4 to the extent applicable.

For non-material changes (e.g., formatting, typographical corrections, clarifications that do not substantively alter your rights), continued use of the Service after the effective date constitutes acceptance.

21.4 Credit Terms

Changes to credit allocations or credit-related policies will be communicated with reasonable advance notice.


22. Termination and Suspension

22.1 Termination by You

You may terminate your account at any time by:

  • Deleting your account through the app settings (Settings → Account → Delete Account);
  • Contacting us at cs@collov.com with a termination request.

Termination does not entitle you to a restoration of unused credits.

22.2 Termination or Suspension by Collov

We may suspend or terminate your access to the Service, in whole or in part, immediately and without prior notice if:

  • You materially violate these Terms, the Acceptable Use Policy, or Prohibited Uses;
  • Your conduct poses a risk to the safety, security, or integrity of the Service, other users, or third parties;
  • We are required to do so by law, regulation, or legal process;
  • Your account has been inactive for 12 consecutive months or more;
  • We reasonably believe your account has been compromised.

We may also terminate or suspend access with 30 days' notice if:

  • We discontinue the Service or a material feature;
  • Continued provision of the Service becomes commercially impracticable.

22.3 Effect of Termination

Upon termination of your account (whether by you or by Collov):

  • Your license to access and use the Service immediately and automatically ceases;
  • We may delete your account data, session history, stored Visual Inputs, and outputs in accordance with our data retention policies (Section 15);
  • All unused credits are permanently forfeited;
  • You remain liable for any obligations incurred before termination;
  • The following Sections survive termination: 5.2 (License Grant), 6 (AI-Generated Outputs), 8 (Prohibited Uses), 12 (Intellectual Property), 16 (Feedback), 17 (Indemnification), 18 (Limitation of Liability), 19 (Warranty Disclaimer), 20 (Dispute Resolution), 24 (Governing Law), and any other provisions that by their nature should survive.

23. Export Controls and Sanctions

You represent and warrant that:

  • You are not located in, under the control of, or a national or resident of any country subject to U.S. government embargo or comprehensive sanctions (currently including but not limited to Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine);
  • You are not listed on any U.S. government list of prohibited or restricted parties, including the Specially Designated Nationals and Blocked Persons List (SDN List), the Sectoral Sanctions Identifications List (SSI List), or the Entity List;
  • You will not use the Service in violation of any applicable export control, trade sanctions, or anti-boycott law or regulation, including the Export Administration Regulations (EAR), International Traffic in Arms Regulations (ITAR), and regulations administered by the Office of Foreign Assets Control (OFAC).

24. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of laws principles. Subject to Section 20 (Arbitration), the exclusive venue for any legal proceedings shall be the state and federal courts located in San Francisco County, California, and you consent to personal jurisdiction in such courts.


25. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its original intent. If such modification is not possible, the provision shall be severed, and the remaining provisions shall continue in full force and effect.


26. Entire Agreement

These Terms, together with the Privacy Policy and any supplemental terms or policies referenced herein, constitute the entire agreement between you and Collov Labs regarding the Service. These Terms supersede all prior and contemporaneous agreements, understandings, negotiations, and communications, whether written or oral, relating to the Service.

No waiver of any provision of these Terms shall be effective unless made in writing and signed by an authorized representative of Collov. A failure to enforce any right or provision shall not constitute a waiver of such right or provision.


27. Contact Information

For questions, concerns, or notices regarding these Terms:

PurposeContact
General inquiriescs@collov.com
Legal noticescs@collov.com
Billing issuescs@collov.com
Privacy requestscs@collov.com
DMCA / Copyrightcs@collov.com
Security reportscs@collov.com

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