Terms of Use

Effective date: September 04, 2025
Company: Perceptive Devices LLC (“Perceptive Devices,” “we,” “us,” or “our”)
Website & Services: smylemouse.com and any online services we operate that link to these Terms (collectively, the “Services”).
Contact: [support@percept-d.com] • Perceptive Devices LLC, 8359 Oakdale Ct, Mason, OH 45040

Quick summary (nonbinding): These Terms govern your use of our website and any online services (storefront, license activation/validation endpoints, support portal, downloads). Your use of the Smyle Mouse software application itself is governed by the End User License Agreement (EULA) delivered with the app. If you are a school or district, see Section 10 (K12/Student Use) and Annex A (Student Data Privacy Addendum – Optional) for education specific terms.

1) Agreement to Terms

(the “Terms”). If you do not agree, do not use the Services. If you use the Services on behalf of an organization, you represent that you are authorized to bind that organization and that “you” refers to that organization.

2) Relationship to Other Documents; Order of Precedence

• Privacy Policy. Our Privacy Policy explains how we collect, use, and share information when you use the Services. It is incorporated by reference.
• EULA (Software). The Smyle Mouse desktop application (and other downloadable software we provide) is licensed under its EULA. The EULA governs installation and use of the software.
• Conflicts. If there is a conflict between these Terms and the Privacy Policy, these Terms control for the Services. If there is a conflict between these Terms and the EULA, the EULA controls for the software. If we have a separate, signed agreement with you (e.g., a districtspecific purchase agreement or data privacy addendum), that signed agreement controls to the extent of any conflict.

3) Who May Use the Services

• Eligibility. You must be able to form a binding contract with us (generally, 18 years or the age of majority in your jurisdiction) to create an account, make a purchase, or otherwise contract with us.
• Students/Minors. Individuals under 18 may use the Software only under a parent/guardian’s or a school/district’s license and supervision. Minors may not create personal accounts or purchase directly from us.
• Children Under 13 (COPPA). We do not offer personal accounts to, or knowingly collect personal information from, children under 13. Where a school authorizes student use, we rely on the school to provide any required COPPA consent and we process any student information solely as the school’s “school official,” as described in Section 10 and Annex A.
• Compliance. You agree to use the Services in compliance with applicable laws and regulations.

4) Accounts, Purchases, and Subscriptions

• Accounts. Certain features may require an account (e.g., order history, license management). Keep credentials confidential and notify us of suspected compromise.
• Orders. By placing an order, you agree to the price, taxes, and any product specific terms displayed at checkout. All purchases are final except where required by law or expressly stated otherwise in writing.
• Resellers/Distributors. If you purchase from an authorized reseller, their commercial terms apply to your transaction; these Terms still govern your use of the Services.
• Subscriptions. If offered, subscriptions renew per the terms shown at purchase until canceled, subject to any introductory/discount periods shown.
• Refunds/Chargebacks. Improper chargebacks or payment disputes may result in license deactivation until resolved.

5) License to the Services; Acceptable Use

• License. Subject to these Terms, we grant you a limited, nonexclusive, nontransferable license to access and use the Services for your internal purposes.
• Prohibited Conduct. You may not: (a) interfere with the Services or attempt to bypass security or license controls; (b) reverse engineer or scrape beyond what is necessary for normal browsing; (c) upload malware or unlawful content; (d) misrepresent your identity or affiliation; (e) use the Services to develop competing products; or (f) use the Services in violation of law.
• High Risk Use. The Services and software are not designed for mission critical or medical device use. Do not use in environments where failure could lead to death, personal injury, or property damage.

6) Software; Activation; Deployment Boundaries

• Software Under EULA. Use of any Perceptive Devices downloadable software (including Smyle Mouse) is subject to the applicable EULA delivered with the software.
• Activation/Validation. The software may communicate with our Services for license activation/validation, and checking for or retrieving software updates.
• Offline/NoInternet Options. Certain editions support offline activation or operation without continuous internet connectivity. Contact us for details on fully offline deployments in your organization.
• PerUser/PerDevice Licensing. Unless expressly allowed by your license, the software is licensed per individual user per device and may not be used in server/terminalserver, virtualized multitenant, or application service provider environments without a separate written agreement.
• Open Source Notices. The software may include opensource components subject to their own licenses.

7) User Content; Feedback

If you submit content (e.g., feedback, reviews, support logs you choose to share), you grant us a worldwide, royalty free, irrevocable license to use, reproduce, and create derivative works from that content to provide and improve our products and Services.

Do not share any content you lack rights to share or that contains sensitive student information unless we have a written data privacy addendum in place.

8) Intellectual Property

All right, title, and interest in and to the Services and software (including trademarks, logos, and content) are owned by Perceptive Devices LLC or our licensors. Except as expressly granted, no rights are conveyed by implication or otherwise. “Smyle Mouse” and other marks are trademarks of Perceptive Devices LLC.

9) Privacy & Security

• Privacy Policy. Please review our Privacy Policy, which describes our practices.
• Minimal Service Data. The Services generally process administrative/business contact information (e.g., purchaser, IT admin) and technical information needed for license management.
• No Student Facial Video to Vendor (By Default). The software processes camera input locally on the device. By default, facial images/streams are not transmitted to Perceptive Devices.
• Security. We implement commercially reasonable technical and organizational measures (e.g., encryption in transit for registration/activation traffic).
• Security Notices. Report security issues to [support@percept-d.com]. We will notify affected customers of a confirmed security incident without undue delay and consistent with applicable law.

10) K12 / Student Use (Schools & Districts)

• Student Accounts. We do not offer direct student accounts. Students use Smyle Mouse under a school’s license and supervision.
• FERPA/COPPA. We do not seek to collect student personal information via the Services. If a district directs us to process any student personal information, we will do so as the district’s “school official” with a legitimate educational interest, subject to Annex A or a district provided data privacy agreement.
• Data Minimization. The product is designed so it can operate without transmitting student PII to us.
• Records Requests. Districts may request access, correction, or deletion of student information we hold (if any) via [support@percept-d.com].
• Support & Incidental Student Information. The Software and Services are designed so that Perceptive Devices does not need Student Data to operate, and schools should avoid transmitting Student Data to us. If a school or parent/guardian nevertheless discloses student information to us for troubleshooting or support (“Support Data”), the disclosing party represents that it has the necessary authority/consent and appoints Perceptive Devices as its school official with a legitimate educational interest for that limited purpose. We will: (i) use Support Data solely to provide the requested support; (ii) not sell Support Data or use it for targeted advertising or profiling; (iii) implement appropriate safeguards and restrict access to personnel with a need to know; (iv) not record audio, video, or screen content during support sessions unless necessary and authorized in writing by the school or parent/guardian; (v) retain Support Data only as long as reasonably necessary to provide support and for up to 30 days after case closure, then delete or de-identify it unless longer retention is required by law or expressly authorized in writing; and (vi) upon request, delete or return Support Data. Schools agree to share only the minimum necessary information and, where feasible, to anonymize or pseudonymize student details (e.g., avoid full names/IDs and full-face imagery in tickets or logs). Live interactions with a student should occur with a supervising adult present.

11) Changes; Updates; Support

We may improve or modify the Services or software (including updates, patches, or new features). If a change materially reduces core functionality of a paid Service, we will use reasonable efforts to notify affected customers. Support terms, if any, are described on our website or in your purchase documentation.

12) Third Party Services

The Services may reference or link to third party websites, stores, or platforms. We are not responsible for third party content or terms. Your use of third party services is governed by their terms and privacy policies.

13) Export; Sanctions; Government Use

• Export & Sanctions Compliance. You agree to comply with U.S. and international export, re-export, and sanctions laws and regulations (including the U.S. Export Administration Regulations and OFAC programs). You may not use, export, or re-export the Software or Services in violation of such laws.
• U.S. Government Rights. The Software and Documentation are “commercial computer software” and “commercial computer software documentation” within the meaning of FAR 12.212 and, for DoD end users, DFARS 227.7202-1 through 227.7202-4 (or successor regulations). They are licensed to U.S. Government end users only as commercial items and with only those rights set forth in these Terms and the applicable EULA. No additional rights are granted. If these terms fail to meet agency needs, the Government must cease use and return or uninstall the Software.

14) Disclaimers

EXCEPT AS EXPRESSLY STATED IN A WRITTEN WARRANTY OR SUPPORT AGREEMENT, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY (INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT). SOME JURISDICTIONS DO NOT ALLOW DISCLAIMERS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

15) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PERCEPTIVE DEVICES NOR ITS SUPPLIERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF USE, DATA, PROFITS, OR BUSINESS, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE AMOUNT PAID BY YOU TO US FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE 12 MONTHS BEFORE THE EVENT FIRST GIVING RISE TO LIABILITY. THIS LIMITATION DOES NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED BY LAW.

16) Indemnification

You agree to defend, indemnify, and hold harmless Perceptive Devices and its affiliates, officers, and employees from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to your misuse of the Services, violation of these Terms, or infringement of third party rights. Public entities subject to statutory limits may substitute self insurance to the extent required by law.

17) Term; Termination

We may suspend or terminate your access to the Services for material breach of these Terms or if required by law. You may stop using the Services at any time. Sections intended to survive (e.g., IP, disclaimers, limitations, indemnity, governing law) will survive termination.

18) Public Sector Carve Outs

If you are a U.S. public school or district and your state law prohibits certain provisions (e.g., indemnity, choice of law, venue, or limits of liability), those provisions apply only to the maximum extent permitted by law and otherwise are deemed modified to conform to applicable requirements. We are willing to execute a mutually acceptable district data privacy addendum if student PII processing is requested.

19) Governing Law; Venue; Dispute Resolution

These Terms are governed by the laws of the State of Ohio, without regard to conflict of laws rules, and the federal laws of the United States. The exclusive venue for disputes shall be the state or federal courts located in Cincinnati, Ohio, unless a binding public sector law requires venue in the customer’s state. Each party consents to personal jurisdiction in such courts. (Alternative dispute resolution by mutual written agreement.)

20) Changes to These Terms

We may update these Terms from time to time. When we do, we will post the updated Terms on the Services and update the Effective date above. Where required by law, or where we consider the changes material, we may provide additional notice within the Services (for example, a banner or dialog) or by other reasonable means. If you do not agree to the updated Terms, you should stop using the Services.

Where we have a separate, signed agreement or data‑privacy addendum with you, that agreement controls and may require advance notice of certain changes; we will comply with those terms.

21) Contact Information

Legal/Privacy/Security/Customer Support: [support@percept-d.com]
Phone: 513-972-8200

Annex A: Student Data Privacy Addendum (Optional – Used only if a School District Requests Student PII Processing)

Note: Where the product is deployed so that no student personal information is transmitted to Perceptive Devices, this Annex will be unnecessary. If a district directs Perceptive Devices to receive/process student personal information, this Annex applies to such processing only.

Definitions. “Student Data” means personally identifiable information from student education records as defined by FERPA (20 U.S.C. § 1232g; 34 CFR Part 99) and any analogous state student privacy laws. “District” means the public education agency authorizing the processing. “Services” has the meaning in the Terms.

School Official. To the extent Perceptive Devices receives Student Data from or on behalf of District to provide the Services, Perceptive Devices is a “school official” with a legitimate educational interest under FERPA and shall use Student Data solely to provide the Services to District and its students.

Ownership & Control. Student Data is and remains the property of and under the control of District. Perceptive Devices acquires no rights in Student Data other than the limited rights necessary to provide the Services.

Prohibition on Secondary Use. Perceptive Devices will not sell, rent, or use Student Data for targeted advertising or for purposes other than providing the Services. No data profiling beyond school authorized educational purposes.

Data Minimization. The Services are designed to avoid the need for Student Data. Where Student Data is provided by District, it shall be limited to the minimum necessary.

Security Measures. Perceptive Devices will implement commercially reasonable administrative, technical, and physical safeguards appropriate to the nature of Student Data, including encryption in transit for network communications and access controls restricting Student Data to authorized personnel with a need to know.

Subprocessors. Perceptive Devices may engage subprocessors to support the Services, and will be responsible for their compliance with this Annex. Upon request, Perceptive Devices will provide District a list of material subprocessors.

Data Location. Student Data will be stored/processed in the United States unless District provides written consent for another location or as required by law.

Breach Notification. Perceptive Devices will notify District without undue delay after confirming a breach of security leading to unauthorized access to Student Data. The notice will include known details and remediation steps, subject to lawenforcement needs.

Access, Correction, Deletion. Upon District request, Perceptive Devices will provide access to, correct, or delete Student Data it holds, within a reasonable period, except where retention is required by law. Upon termination of Services, Perceptive Devices will delete or return Student Data within [30] days, unless otherwise required by law.

Audits & Certifications. Upon reasonable written request no more than once per year, Perceptive Devices will provide District with a summary of its relevant security controls (e.g., policy summaries or third party reports, if available). Onsite audits are not required unless mandated by law.

Term & Termination. This Annex remains in effect for as long as Perceptive Devices processes Student Data for District. Either party may terminate this Annex upon 30 days’ written notice if no Student Data is being processed.

Conflicts. In case of conflict between this Annex and the Terms, this Annex controls with respect to Student Data.