Terms of Service — Saccade

Effective Date: March 17, 2026

1. Agreement to Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“you” or “User”) and Saccade (“we,” “us,” or “our”) concerning your access to and use of the Saccade application (“App”) and the website at saccadeapp.com (“Website”), collectively referred to as the “Service.”

By downloading, installing, or using the App, or by accessing the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.

2. Definitions

For the purposes of these Terms:

• “App” means the Saccade iOS application available on the Apple App Store.
• “Website” means saccadeapp.com and all associated subdomains.
• “Service” means the App and Website collectively.
• “Content” means all text, images, graphics, software, code, and other materials available through the Service.
• “User Content” means any images, data, or other materials that you import into or create within the App.
• “Gaze Tracking” means the real-time eye direction detection performed by the App using Apple’s ARKit framework and the device’s TrueDepth camera.

3. Eligibility

The Service is available to any individual with a compatible Apple device. Because Saccade does not collect personal information, does not require an account, and does not process age-restricted content, there is no minimum age requirement to use the App.

However, the App requires a device equipped with a TrueDepth camera (iPhone X or later) running iOS 17 or later. Use of the App on devices without a TrueDepth camera is not supported.

If you are using the App on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

4. Description of Service

Saccade is an iOS application that uses Apple’s ARKit face tracking to conduct eye-gaze-tracked pairwise image comparisons. The App enables you to:

• Create projects and import images for comparison
• Run gaze-tracked comparison sessions where your eye movements determine which image in each pair you prefer
• View ranked results based on aggregate gaze duration data across all pairwise comparisons
• Export and share results

All processing occurs entirely on your device. The App has no backend servers, no cloud storage, no user accounts, and no internet connectivity requirements beyond the initial download from the App Store.

5. User Accounts

Saccade does not require or support user accounts. There is no registration, login, password, or authentication of any kind. You can use all features of the App immediately upon installation without providing any personal information.

6. User Content and Conduct

6.1 Your Images and Data

You retain full ownership of all images and data you import into or create within the App. Your User Content is stored locally on your device and is never transmitted to us or any third party.

You represent and warrant that you have all necessary rights, licenses, and permissions to use any images you import into the App, and that your use of such images does not infringe upon the intellectual property rights, privacy rights, or other rights of any third party.

6.2 Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. While the App operates entirely on your device and we cannot monitor your usage, you agree that you will not:

• Use the Service for any purpose that violates applicable local, state, national, or international law or regulation
• Import or use images that you do not have the right to use
• Use the Service in any manner that could interfere with, disrupt, or negatively affect the Service or the servers and networks connected to the Service

6.3 Prohibited Conduct

You agree not to:

• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the App, except to the extent expressly permitted by applicable law
• Modify, adapt, translate, or create derivative works based on the App
• Remove, alter, or obscure any copyright, trademark, or other proprietary rights notices contained in the App
• Use the App to develop a competing product or service
• Circumvent, disable, or otherwise interfere with any security-related or technical features of the App
• Use any automated system, including but not limited to robots, spiders, or scrapers, to access the Website
• Misrepresent the results generated by the App as scientifically validated research without appropriate caveats and disclosures

7. Intellectual Property

7.1 Our Intellectual Property

The App, including but not limited to its design, user interface, gaze-tracking implementation, algorithms, graphics, logos, and all associated documentation, is the exclusive property of Saccade and is protected by applicable copyright, trademark, patent, trade secret, and other intellectual property laws.

The Saccade name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Saccade. You may not use such marks without our prior written permission.

7.2 Your Content Ownership

You retain all ownership rights in your User Content. We do not claim any ownership interest in your images, projects, or results. Because all User Content remains on your device and is never transmitted to us, we do not require any license to your content.

7.3 DMCA and Copyright Claims

We respect the intellectual property rights of others. Because Saccade does not host, store, or distribute user content on any server, traditional DMCA takedown procedures do not apply to user-generated content within the App (as it exists only on individual devices).

If you believe that any content on the Saccade Website infringes your copyright, please contact us at marc@marchoag.com with:

• A description of the copyrighted work you believe has been infringed
• The URL or location of the allegedly infringing material
• Your contact information
• A statement that you have a good-faith belief that the use is not authorized
• A statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf
• Your electronic or physical signature

8. Website Use License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for personal, non-commercial informational purposes. This license does not include:

• The right to modify, copy, or distribute any Website content without our written permission
• The right to use the Website for commercial purposes or to the benefit of any third party
• The right to use data mining, robots, or similar data-gathering tools on the Website
• The right to download or copy any portion of the Website except as expressly permitted

We reserve the right to terminate this license at any time for any reason.

9. Artificial Intelligence Disclosure

Saccade does not use artificial intelligence (AI) or machine learning (ML) in any aspect of the App’s operation. The App does not employ neural networks, large language models, generative AI, predictive algorithms, or any form of AI-driven decision-making or content generation.

The App uses Apple’s ARKit framework for face tracking. ARKit is a system-level framework provided by Apple as part of iOS — it is not an AI or ML feature of the Saccade App. The gaze direction determination within Saccade is based on a deterministic mathematical formula applied to blend shape values, not on trained models or probabilistic inference.

No user data is used to train any AI or ML model, and no AI or ML model influences the results presented to you.

10. Privacy and Data Protection

Your privacy is critically important to us. Our Privacy Policy, which is incorporated into these Terms by reference, describes in detail how we handle information in connection with the Service.

Key privacy commitments:

• We collect no personal information
• All data stays on your device
• There are no servers, no cloud storage, and no analytics
• We do not sell, share, or trade any user data
• Face tracking data exists only in volatile memory and is immediately discarded

11. Third-Party Services

Saccade currently does not integrate with, connect to, or rely on any third-party services, APIs, SDKs, or libraries beyond the Apple system frameworks included with iOS (such as ARKit, SwiftUI, and SwiftData).

The App is distributed through the Apple App Store, which is governed by Apple’s own terms and conditions. Your relationship with Apple regarding App Store purchases and downloads is separate from your relationship with us under these Terms.

If we introduce third-party integrations in the future, we will update these Terms and our Privacy Policy accordingly, with at least 30 days’ notice.

12. Service Availability and Modifications

We strive to keep the App available and functioning properly, but we do not guarantee uninterrupted or error-free operation. The App may be temporarily unavailable due to:

• Maintenance or updates
• Changes to iOS or ARKit by Apple
• Device hardware issues
• Circumstances beyond our reasonable control

We reserve the right to modify, update, or discontinue the App or any of its features at any time, with or without notice. Because the App operates entirely on-device, your existing data will not be affected by the discontinuation of the App — it will remain on your device until you choose to delete it.

13. Accuracy Disclaimer

Saccade uses eye gaze tracking to measure visual preference. It is important that you understand the limitations of this technology:

• Directional, not precise: Results indicate general gaze preference direction, not scientifically precise measurements. Saccade is not a clinical eye-tracking device.
• Variable accuracy: Factors including ambient lighting, device positioning, distance from the screen, user movement, glasses or contact lenses, eye conditions, fatigue, and individual facial physiology may affect tracking accuracy.
• Indicative, not definitive: Results should be used as one input among many when making decisions. They represent unconscious gaze tendencies, not definitive preference judgments.
• Not validated for research: The App has not been validated as a scientific research instrument. Results should not be cited as scientific evidence without appropriate caveats.

We make no guarantees about the accuracy, reliability, completeness, or usefulness of gaze-tracking results for any particular purpose.

14. Disclaimer of Warranties

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. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• ACCURACY OR RELIABILITY OF RESULTS
• UNINTERRUPTED OR ERROR-FREE OPERATION
• COMPATIBILITY WITH ANY PARTICULAR DEVICE OR SOFTWARE VERSION

WE DO NOT WARRANT THAT THE APP WILL MEET YOUR REQUIREMENTS, THAT GAZE-TRACKING RESULTS WILL BE ACCURATE OR RELIABLE, OR THAT DEFECTS WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

15. Limitation of Liability

THE APP IS PROVIDED FREE OF CHARGE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SACCADE SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP, INCLUDING BUT NOT LIMITED TO:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF DATA, LOSS OF PROFITS, GOODWILL, OR BUSINESS INTERRUPTION
• DAMAGES RESULTING FROM RELIANCE ON GAZE-TRACKING RESULTS FOR ANY PURPOSE
• LOSS OF OR DAMAGE TO IMAGES OR PROJECT DATA
• APP DOWNTIME OR UNAVAILABILITY
• DAMAGE TO YOUR DEVICE OR OTHER SOFTWARE

YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE APP IS AT YOUR SOLE RISK.

THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, INCLUDING CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT LIABILITY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, (B) FRAUD OR FRAUDULENT MISREPRESENTATION, OR (C) ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE MINIMUM EXTENT PERMITTED BY LAW.

16. Indemnification

You agree to indemnify, defend, and hold harmless Saccade, its owner, officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property rights
• Your User Content, including any images you import into the App
• Any misrepresentation of gaze-tracking results as scientifically validated findings

This indemnification obligation will survive the termination of these Terms and your use of the Service.

17. Termination

These Terms are effective until terminated by either party.

17.1 Termination by You

You may terminate these Terms at any time by deleting the App from your device and ceasing use of the Website. Upon deletion, all locally stored data (images, projects, and results) will be permanently removed by iOS.

17.2 Termination by Us

We reserve the right to terminate or suspend your access to the Service at any time, with or without cause and with or without notice. However, given that the App operates entirely on-device with no accounts or authentication, termination by us would only apply to Website access or App Store availability.

17.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. The following provisions survive termination: Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, Dispute Resolution, Governing Law, and any other provisions that by their nature should survive.

18. Dispute Resolution and Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

18.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact us at marc@marchoag.com and attempt to resolve the dispute informally for at least 30 days. Most concerns can be resolved quickly and to everyone’s satisfaction through informal communication.

18.2 Binding Arbitration

If we cannot resolve a dispute informally, you and Saccade agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (including the formation, interpretation, performance, or breach of these Terms) shall be resolved exclusively through final and binding arbitration, rather than in court.

Arbitration shall be administered by JAMS under its Streamlined Arbitration Rules and Procedures. The arbitration shall take place in Marin County, California, unless you and we mutually agree to a different location or to conduct the arbitration remotely (by phone, video conference, or based on written submissions).

The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable.

18.3 Class Action Waiver

YOU AND SACCADE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of class, consolidated, or representative proceeding.

18.4 Jury Trial Waiver

YOU AND SACCADE HEREBY WAIVE ANY RIGHT TO A JURY TRIAL in connection with any dispute arising under or related to these Terms.

18.5 Exceptions

Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes within the court’s jurisdiction. Either party may also seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

18.6 European Union Exception

If you are a consumer residing in the European Union, the binding arbitration, class action waiver, and jury trial waiver provisions in this section do not apply to you. You retain your right to bring claims in the courts of your country of residence in accordance with applicable EU consumer protection laws. You may also use the European Commission’s Online Dispute Resolution platform at https://ec.europa.eu/odr.

19. Governing Law

These Terms and any dispute arising out of or related to these Terms or the Service shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

To the extent that arbitration does not apply, you agree to submit to the exclusive personal jurisdiction of the state and federal courts located in Marin County, California, for the resolution of any disputes.

If you are a consumer in the European Union, this choice of law does not deprive you of the protection afforded by mandatory provisions of the law of your country of habitual residence.

20. Changes to These Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will:

• Post the updated Terms on our Website with a new “Effective Date”
• Provide at least 30 days’ notice before material changes take effect
• Update the Terms link within the App

Your continued use of the Service after the updated Terms become effective constitutes your acceptance of the changes. If you do not agree with the updated Terms, you must stop using the Service and delete the App from your device.

We encourage you to review these Terms periodically for any changes.

21. Miscellaneous

21.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Saccade regarding the Service and supersede all prior and contemporaneous agreements, understandings, representations, and warranties, both written and oral, regarding the Service.

21.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, shall be severed from these Terms. The invalidity of any provision shall not affect the validity or enforceability of the remaining provisions.

21.3 Waiver

Our failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Saccade.

21.4 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt to assign or transfer without such consent will be null and void. We may assign or transfer these Terms, in whole or in part, without restriction and without notice to you.

21.5 Force Majeure

Saccade shall not be liable for any failure or delay in the performance of its obligations under these Terms arising out of or caused by, directly or indirectly, forces beyond its reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, epidemics, pandemics, strikes, power outages, internet or telecommunications failures, or changes to Apple’s iOS platform, ARKit framework, or App Store policies.

21.6 Headings

The section headings in these Terms are for convenience only and have no legal or contractual effect.

21.7 No Third-Party Beneficiaries

These Terms do not confer any third-party beneficiary rights. No person or entity other than you and Saccade has the right to enforce any provision of these Terms.

22. Contact