Terms of Service - www.eyeque.com
EyeQue Terms of Service

Last updated January 12, 2017

Terms and Conditions


By using the myEyeQue™ application, and/or the EyeQue Website and associated services (the "Services"), you are agreeing with EyeQue Corp. (the "Company", "we" or "us") to be bound by the following terms and conditions (these "Terms of Service"). The Services provide an online platform to measure the refractive parameters of your eyes through a self administered test through a device sold by EyeQue called the EyeQue miniscope™. The combination of miniscope, your own smartphone, and the downloadable mobile phone app, myEyeQue™, constitute the Personal Vision Tracker™ (PVT). The Personal Vision Tracker™ creates a spherical equivalent (SE) refractive error measurement based on the refractive measurements taken by the Personal Vision Tracker™. After the "Full Test" mode, you will be eligible for a complete set of refraction measurements in the form of EyeGlass Numbers™, which is a set of numbers that contain parameters defining refractive error including astigmatism that are needed for ordering eyeglasses.

You understand and agree that the Company does not perform any medical services nor are the results generated in any way to be relied upon for any purposes, or to be considered as or similar to an eye glass or contact lens prescription provided by medical professionals. You understand that results will vary by user and by instance, and that the company is in the initial field-testing stage of the PVT device. By accepting this Terms of Service, or by using this website, or by agreeing to purchase, receive, or use an EyeQue Miniscope™ in conjunction with your smartphone, you consent to these Terms and Conditions. EyeQue reserves the right to update and change these Terms of Service without notice.

Account Terms


You must be eighteen (18) years old or older to use the Services and create an account. You are responsible for maintaining the security of your account and password. The Company will not be liable for any loss or damage from your failure to comply with this security obligation. You are responsible for all information you provide us and for activity that occurs under your account. You are required to provide your year of Birth to insure accuracy of Refractive Measurements furnished to you. You may not use the Services for any illegal purpose or to violate any laws in your jurisdiction. You must provide truthful, accurate information. One person may only use your login - a single login shared by multiple people is not permitted. You may create separate logins for as many people as you'd like using the myEyeQue™ app or the EyeQue website. You may use the PVT for many persons, but each person is required to have their own account. Parents may create accounts for children under the age of 18 only with tier agreement and supervision.


Payment, Refunds and Feedback


You may purchase the EyeQue Miniscope™ through our mobile application or through the eyeque website. The Company uses commercial secure payment gateways for payment processing. The Company does not have control over its payment processors and disclaims all liability with respect to them.

If you are unhappy with the EyeQue Miniscope™ you receive through a direct order for any reason, you may return it within 30 days of delivery. To return a product, send an email to support@eyeque.com and the Company will provide you with instructions for processing the return. The purchaser is responsible for the cost of shipping the returned device. Once received EyeQue will reimburse you for the cost of the miniscope. There are no refunds for EyeGlass Numbers.

Please send feedback to us through our website www.eyeque.com. By sending us feedback you are granting us a perpetual, royalty-free, assignable license to use that feedback for any lawful purpose, including but not limited to incorporating that feedback into the Services.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, VAT or duties applicable to your transaction.


Cancellation and Termination


You may stop using the EyeQue services at any time. The Company, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Services for any reason, at any time. Such termination of the Services will result in the deactivation of your account and your access to your Account, and the forfeiture and relinquishment of all content in your account. The Company reserves the right to refuse service to anyone for any reason at any time.


Medical Advice Disclaimer


THE SCOPE OF THE EYEQUE VISION TEST IS LIMITED SOLELY TO DETERMINING A MEASURED CORRECTIVE REFRACTION READING THAT CAN BE USED TO DETERMINE IF CORRECTIVE EYEWEAR WOULD BE BENEFICIAL AND IF THE USER'S VISION HAS CHANGED OVER TIME. AT THE USER'S RISK, THE RESULTS MAY BE USED FOR ORDERING GLASSES FROM AN ONLINE RETAILER THAT DOES NOT REQUIRE AN EYE CARE PROVIDER PRESCRIPTION. THIS VISION TEST DOES NOT INCLUDE TESTS FOR GLAUCOMA, MACULAR DEGENERATION, CATARACTS OR OTHER EYE HEALTH ISSUES. THE EYEQUE VISION TEST IS NOT AN EYE EXAM AND IS NOT A REPLACEMENT FOR A DILATED EYE HEALTH EXAMINATION (OR ANY EYE HEALTH EXAMINATION) BY AN EYE HEALTH PROFESSIONAL, WHICH WOULD TYPICALLY INCLUDE EVALUATION OF MEDICAL HISTORY, VISUAL ACUITY, PUPILS CHECK, SIDE VISION OR VISUAL FIELD, EYE MOVEMENT, EYE PRESSURE, PRESCRIPTION FOR CORRECTIVE LENSES, AS WELL AS AN EXAMINATION OF THE FRONT PART OF YOUR EYE INCLUDING THE EYELIDS, CORNEA, IRIS, AND LENS, AND THE BACK OF YOUR EYE, INCLUDING THE RETINA AND THE OPTIC NERVE. IF THE COMPANY CONNECTS YOU OR YOUR INFORMATION TO A MEDICAL PRACTICE THROUGH YOUR CHOICE, THE COMPANY IS ACTING SOLELY AS A CONDUIT BETWEEN YOU AND THE MEDICAL PRACTICE, WITH NO CONTROL OVER THAT INTERACTION. IN CONNECTING YOU OR YOUR INFORMATION TO A MEDICAL PRACTICE, THE COMPANY IS NOT DIRECTLY PROVIDING YOU MEDICAL ADVICE, DIAGNOSIS OR TREATMENT.

You should always seek the advice of a qualified healthcare professional with any questions or concerns you may have regarding potential eye-health conditions. Reliance on any information appearing on, accessed through, sent through or made available for use or download through the Services, whether provided by Company, its content providers (including any healthcare providers who provide content through the Services), its clients, visitors to the Services or others, is solely at your own risk.

Additional specific disclaimers regarding the EyeQue miniscope are further described below.


Modifications to the EyeQue Service


The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Services with or without notice. This includes the addition of paid services that may have been free previously. The Company shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services or its corresponding services. The company reserves the right to change the pricing of the miniscope, or the App.


Content Ownership and IP Rights


The look and feel of the EyeQue PVT™ and Services are the copyright, trademarks, trade secrets, and patents of EyeQue Corporation and it affiliates. All rights reserved. You may not duplicate, copy, or reuse any portion of any source code or other codes, reverse engineer any elements or designs or any other goods or services of EyeQue, or visual design elements without express written permission from the Company. The Company grants you a limited, non-exclusive, non-transferable and revocable license to use the Services, subject to your compliance with these Terms of Service.


Disclaimers


EYEQUE'S SERVICES AND GOODS ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE COMPANY MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE COMPANY, OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT HOLD THE COMPANY LIABLE FOR DAMAGES, DIRECT OR INDIRECT, THAT RESULT FROM YOUR USE OF THE EYEQUE PVT AND/ OR EYEQUE'S SERVICES. THE PVT MAY NOT BE USED WITH ANY OTHER APPS OR ANY OTHER PURPOSES.


Indemnification


You agree to defend, indemnify and hold Company harmless from and against all third party claims, damages and expenses (including reasonable attorneys' fees) against or incurred by Company arising out of your breach of these Terms of Service or violation of applicable law, or by tort or otherwise, your use or access of the Services and/or any content, or access by anyone accessing the Services and/or any content using your user ID and password.


General Conditions


Your use of the Services is at your sole risk. The service is provided on an "as is" and "as available" basis. You understand that the Company uses third party software and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services. You must not modify, adapt or hack the Services.

You must not modify another website so as to falsely imply that it is associated with the Services or the Company. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission by the Company. We may, but have no obligation to, remove content and account that we determine in our sole discretion are unlawful or violates these Terms of Service. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Services customer will result in immediate account termination. You understand that the technical processing and transmission of the Services, including your information, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices, which may alter transmissions over various networks. The failure of the Company to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and the Company and govern your use of the Service, superseding any prior agreements between you and the Company (including, but not limited to, any prior versions of the Terms of Service).


Specific Disclaimers Pertaining to the EyeQue Personal Vision Tracker Services


EyeQue provides a capability to conduct a self administered refractive assessment. While the results are similar to the refractive measurements results made by an eye care professional, such as an Optometrist, the user needs to be aware of the following items listed below:


1.  The EyeQue Personal Vision Tracker (PVT) is registered with the FDA as a Class 1 medical device with a 510K exemption.

2.  As the EyeQue PVT is self-administered and used by consumers in an unsupervised manor, EyeQue cannot and is not responsible or liable for any of the test results obtained using its Personal Vision Tracker system. EyeQue provides instructional videos for proper use of the PVT but does not track the consumer's use or comprehension of these materials.

3.  While EyeQue strives to make the information on its website and app as accurate as possible, EyeQue makes no claims, promises, or guarantees about the accuracy, completeness, or adequacy of the contents and expressly disclaims liability for errors and omissions of content from the website or the myEyeQue app.

4.  Use of the Services and the EyeQue miniscope are not intended to be for vision correction purposes. Eyeglasses or other visual aids that are ordered using the refraction correction estimates provided by EyeQue are the sole responsibility of the user. EyeQue accepts no responsibility for eyeglasses or contacts based on EyeQue's refractive measurements that the user may claim does not work well or feel right.

5.  EyeQue's refractive measurements are not considered medical records or prescriptions and are not to be relied on for those and related purposes.

6.  User-entered refractive correction prescriptions or information from other sources onto the EyeQue website are not considered medical records. EyeQue may use these values to assess the overall performance of EyeQue's services. This information is not shared with other users but is available to EyeQue personnel responsible for product development, research and website management.

7.  The EyeQue PVT provides a refraction test that is not equivalent to a full eye exam test administered by Optometrists, nor should it be considered a substitute for regular eye health exams. As part of a typical eye exam, Optometrists examine the eye for a variety of conditions, including but not limited to, Glaucoma, Cataracts, Macular Degeneration, in additional to carrying out refractive correction.

8.  The EyeQue PVT does not provide a measure of pupillary distance (PD) as part of its refractive measurements unless the PD has been entered by the user through the website.

9.  The PVT creates an NVADD recommendation based on the user's age, which is derived from the users year of birth. As with the refractive measurements, the use of the recommended NVADD values is at the sole discretion and responsibility of the user. EyeQue takes no responsibility for any claimed negative consequences coming from the use of these values.

10.  EyeQue recommends that the user does not operate the PVT while engaged in other activities, such as walking or driving, which could result in a physical hazard. EyeQue accepts no responsibility from improper use of the device that can create a physical hazard, or injury or any other loss.

11.  EyeQue PVT should not be used by children under 18 years of age without adult supervision.

12.  IN ADDITION TO THE ABOVE, EYEQUE DOES NOT PROVIDE WARRANTIES OR ANY KIND, EITHER EXPRESSED OR IMPLIED.

13.  Unacceptable Use. We require that all customers and other users of EyeQue's services (the "Service") conduct themselves with respect for others. In particular, observe the following rules in your use of the Service:

1) Abusive Behavior: Do not harass, threaten, or defame any person or entity. Do not contact any person who has requested no further contact. Do not use ethnic or religious slurs against any person or group.

2) Privacy: Do not violate the privacy rights of any person. Do not collect or disclose any personal address, social security number, or other personally identifiable information without each holder's written permission. Do not cooperate in or facilitate identity theft.

3) Intellectual Property: Do not infringe upon the copyrights, trademarks, trade secrets, or other intellectual property rights of any person or entity. Do not reproduce, publish, or disseminate software, audio recordings, video recordings, photographs, articles, or other works of authorship without the written permission of the copyright holder.

4) Hacking, Viruses, & Network Attacks: Do not access any computer or communications system without authorization, including the computers used to provide the Service. Do not attempt to penetrate or disable any security system. Do not intentionally distribute a computer virus, launch a denial of service attack, or in any other way attempt to interfere with the functioning of any computer, communications system, or website. Do not attempt to access or otherwise interfere with the accounts of other users of the Service.

5) Spam: Do not send bulk unsolicited e-mails ("Spam") or sell or market any product or service advertised by or connected with Spam. Do not facilitate or cooperate in the dissemination of Spam in any way. Do not violate the CAN-Spam Act of 2003.

6) Fraud: Do not issue fraudulent offers to sell or buy products, services, or investments. Do not mislead anyone about the details or nature of a commercial transaction. Do not commit fraud in any other way.

7) Violations of Law: Do not violate any law.