GoEyes Terms of Use - 6over6.com

GoEyes Terms Of Use

GOEYES IS INTENDED FOR USE BY CUSTOMERS WHO ARE IN GOOD HEALTH, BOTH VISUALLY AND PHYSICALLY. OUR CUSTOMER ELIGIBILITY CRITERIA IS SET FORTH BELOW AND MUST BE MET TO USE GOEYES. UNDER NO CIRCUMSTANCES SHOULD INDIVIDUALS EXPERIENCING MEDICAL EMERGENCIES, SIGNIFICANT HEALTH CONDITIONS, OR SIGNIFICANT HEALTH CONCERNS USE GOEYES. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 112 IMMEDIATELY.

THESE TERMS OF SERVICE GOVERN THE RELATIONSHIP BETWEEN GOEYES AND ITS CUSTOMERS AND IMPACT THE LEGAL RIGHTS OF BOTH. PLEASE READ THEM CAREFULLY BEFORE USING GOEYES.

1. Introduction

GoEyes is our proprietary app in which Users can measure the refraction error of their eyes. GoEyes is a Software as a Medical Device (SaMD) used for measuring refraction error, intended as a self-administered subjective refraction exam that measures refractive error for each of the user’s eyes and other health information and offers the possibility to the user to send that information to an ECP(s) for a review (the “Services”). The Services are further described herein.

6 Over 6 Vision Ltd (“6Over6” or the “Company”) welcomes you (the “User”, or “you”) to our GlassesOnEyes™ application(s) (the "GoEyes App(s)" or “App(s)”) as further detailed below.

The personal information you submit to the Company and the App is governed by the Privacy Policy.

By entering, connecting to, accessing, or using the services, you acknowledge that you have read and understood the following terms of use, including the terms of our “Privacy Policy” (collectively, the “Terms”) and you agree to be bound by them and to comply with all applicable laws and regulations regarding the Service and you acknowledge that these Terms constitute a legally binding and enforceable agreement between 6Over6, the Eyecare Professional, and yourself.

2. Definitions

Throughout these Terms of Service:

“Customer,” “User,” “You,” “Your” and “Yours” refers to the person using App or Services.

“We,” “our,” and “us,” refer to 6Over6 or the Company.

“Eligibility” is based upon Your answers to a series of questions designed to determine whether You can participate in the Exam. The specific Eligibility criteria are explained in section 4 below.

“Your Information” collectively refers to the Optical Parameters, Your responses to various questions, and any other information provided by You through the App or Services. Your Information can include, among other things, Your applicable health information (such as Your past or present health or vision conditions, medications, ailments, a picture of Your eye surface, and prescriptions) and Your personal information (such as Your name, location, and demographic information).

“Eyecare Professional” or “ECP” is an appropriately qualified eyecare professional who reviews Your Information to determine a possible refraction error and any recommended strength of glasses or contact lenses for correction of such refraction error.

“Services” comprise the Exam, the Review and related services by us as provided through the App

3. Description of Exam and Review

The Exam is a combination of several stages, each of which contains a specifically engineered image, referred to as a “target.” In each stage, a specific optical parameter is measured and calculated.

Taken together, these parameters will provide to an Eyecare Professional the Users’ full details of the refraction error in terms of:

Sphere power (rounded to 0.25 Diopter);
Cylinder power (rounded to 0.25 Diopter); and
Cylinder axis (rounded to the closest Degree). (“collectively, your “Optical Parameters”)

We may also provide the ECP with your Pupillary distance if obtained by our GoPD module.

After the User completes the Exam, the Optical Parameters and additional patient-specific data supplied by the User may be sent to an Eyecare Professional. The Eyecare Professional is responsible for determining a possible refraction error and any recommended strength of glasses or contact lenses (the “Review”) and for notifying the User of the results of the Review.

These Terms of Service are entered into between You and Us and, as noted in Section 8 ECPs, and healthcare professionals. You understand and agree that the services provided through the App, except the Review Services set forth in Section 7 (which are provided by others), are provided solely by Us, and no other parent, subsidiary or affiliate of the Company..

4. Refraction Measurement Accuracy

The expected accuracy of GoEyes is similar to that of a traditional subjective refraction.

GoEyes currently supports users within the following range:

Sphere power: -1.00 D to -5.00 D
Cylinder power: up to -2.00 D
Total power (sphere + cylinder): up to -6.00 D

GoEyes will automatically screen out users with measurements outside of the testable range.

For subjects within the supported range expected accuracy will be within:

Sphere: ±0.50 D

Cylinder: ±0.50 D

Axis: ±15° only for Cylinders -0.75 and higher

5. Eligibility

In order to qualify to use the Services, You must fit all of the following criteria:

You are 18 to 39 years of age.
You currently wear glasses and/or contact lenses and are seeking to test your vision as part of receiving glasses and/or contact lenses prescription.
You have single vision only (no multifocal, bifocal, or progressive lenses) and normal color vision.
You have no ongoing disease or ocular condition other than refractive error, such as:

prism measurement in your previous prescription(s).
History of lazy eye(s) (amblyopia), diabetes related eye issues, glaucoma, cataracts, retinal detachment, crossed eyes (strabismus), eye surgery, related brain injuries, or neurological issues;
Recent discomfort or symptoms of acute eye pain, flashes, and/or excessive floaters in eyes.

You do not have a headache, nausea, fatigue, or vertigo when taking the exam.
You live in the European Union and in a state or territory where the Services are available.
You can follow text and audio instructions in English, stand and move closer or further from the mobile screen, and cover one eye while operating the mobile device.
You understand and agree that even if You satisfy the above requirements, this does not guarantee that You will receive Services from an ECP using the GoEyes Service.

You may use the Service independently if you are at least eighteen (18) years old and under the age of forty (40). We reserve the right to require you at any stage to provide proof of age, and, if applicable, approval of your use of the Service by your legal guardian, so that we can verify that only eligible Users are using the Service. In the event that it comes to our knowledge that a person under the age of eighteen (18) is using the Service, we reserve the right to prohibit and block such User from accessing the Service and will make all efforts to promptly delete any Personal Information (as such term is defined in our Privacy Policy with respect to such User.

BY ACCEPTANCE OF THE TERMS, YOU REPRESENT THAT ANY AND ALL INFORMATION YOU PROVIDE US THROUGH THE SERVICE IS TRUE AND ACCURATE AND THAT YOU MEET ALL THE CRITERIA LISTED ABOVE. THE PROVISION OF ANY FALSE OR FRAUDULENT INFORMATION (INCLUDING BY STATING YOU MEET THE CRITERIA WHEN YOU ARE NOT) IS STRICTLY PROHIBITED

6. Device Requirements

GoEyes is a mobile medical application available on these mobile devices:

iphone X running iOS 13.0 and above
Android device running Android 6 and above

GoEyes is indicated for over-the-counter use at home environment. GoEyes requires well-functioning iOS or Android devices with the following components operating properly:

Front camera
Speakers
Touch screen
Gyro

Microphone

*Please note that using the device with a video conference operating on your phone simultaneously might cause disruption in device operation.

7. Your Responsibilities and Acknowledgment

As a condition of Your use of the App, You agree to the following:

You are participating in the Exam for Yourself and no one else;
You are seeking an eye evaluation that You understand is limited to the possible production of your Optical Parameters;
The information You provided through the App is accurate, complete and correct;
You will strictly follow the instructions provided during the Exam;
if asked, You will agree to retake the Exam in whole or in part; and
if asked, You will provide any additional information that is requested to us, our affiliated professional organizations, or an ECP(s), for the purpose of receiving Services.

You understand and agree that the provision of the Exam depends on the completeness and accuracy of Your Information, as the App cannot verify the completeness and accuracy of information provided. Therefore, we will not be responsible for any adverse consequences if Your Information is inaccurate or incomplete, and You will indemnify us and the ECP(s) for any fraudulent or intentionally inaccurate information. You also understand and agree that by using the App, we facilitate and coordinate Your requested Review, including the coordination and sharing of your prescription information with your preferred contact lens and/or eyeglass dispensing services relating to your Optical Parameters.

8. Restrictions on Use

As a condition of Your use of the Service, You will not:

use or attempt to use the Services for any person other than Yourself;
use the Services for any purpose that is in violation of any applicable local, state or federal law or regulation, or prohibited by these Terms of Service;
license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third-party the Services or any of its related materials in any way;
use or access the Services to create or develop competing products or services;
take any action or use the Services in any manner which could damage, disable, overburden, or impair the use of the Services;
bypass, avoid, remove, deactivate, impair, descramble, or otherwise circumvent any technological security measures surrounding the Services;
copy, duplicate, download, store in a retrieval system, publish, transmit or otherwise reproduce, transfer, distribute, store, disseminate, aggregate, use as a component of or as the basis for a database or otherwise use in any form or by any means any data, text, reports, or other materials related to the Services; or
encourage or enable any other individual to do any of the foregoing.

9. Review Services Provided by ECP(s)

As noted above, the Exam obtains Your Optical Parameters which you can then provide to an ECP(s) to carry out an independent Review.

If You receive Your Optical Parameters as a result of Your using the App, we will add a copy of your Optical Parameters to the account through which you accessed the App. By using the Services, your Optical Parameters will be Reviewed by an Eyecare Professional with whom we collaborate and to whom we provide your Optical Parameters, the results of such Review will be transmitted to you.

If the ECP determines that You are not eligible to receive the results of a Review, we will notify You by email and may include additional notes or recommendations from the ECP.

All ECPs who deliver services through the Review (i) are independent contractors or employed by third-party organizations that coordinate with Us to perform the Services and (ii) are solely responsible for Services provided to You by them. This includes, but is not limited to, any personal injury or property damage You may suffer.

The App sends and discloses all Your Information to the ECP(s), affiliated professional organizations, and others as necessary to facilitate the Review and coordinate your receipt of the Services.

10. Disclaimer; No Comprehensive Medical Advice

The Exam and the Review are not intended to replace a comprehensive medical examination, should You need one. The Exam is not designed to be used as a tool for the diagnosis of an illness or other medical condition, nor for the treatment, mitigation or prevention of illness.

Always seek the advice of Your physician or other qualified healthcare provider with any questions You may have regarding Your personal health, medical conditions, drugs or medications, and before commencing or discontinuing any course of treatment, drug or medication. Do not disregard, avoid or delay in obtaining medical advice from Your doctor or other qualified healthcare professional because of any information You may have received or obtained using the Exam. The Exam is not intended to be, and may not be used as, a first-time refractive error assessment.

11. Payment

You agree to pay all fees due. Payments may be processed through the Google Play or Apple application store from which You originally downloaded the App. Applicable in-app purchase rules and policies may be accessed directly from the app stores. You will see a prompt for Your payment details, such as Your credit card information and any promotional codes You may have. By entering Your payment information and submitting Your order, You authorize the ECP(s) and Us, our affiliates or our third-party payment processors on behalf of the ECP(s) to charge the amount due.

You are responsible for all fees due to carry out the Exam and the Review and to receive the Review results, including any fees charged by the Eyecare Professional and that any payment for us shall include payments to the Eyecare Professional. If Your credit card expires or We, our affiliates or our third-party payment processors are unable to process Your payment, You may receive notice for You to provide an alternative payment method. The Eyecare Professionals have no obligation to provide any Review unless and until full payment has been received and/or verified.

12. Privacy

We understand the importance of confidentiality and privacy regarding Your Information. Please see our Privacy Policy for a description of how we may collect, use and disclose Your Information in connection with the Exam and for the purposes of a Review.

13. Intellectual Property

Company is the sole and exclusive licensee of the technology utilized by the Exam (the “Exam Technology”), with the right to sublicense, of the Exam Technology and its content, features, and functionality (including, without limitation, all information, software, text, displays, images, video, audio, selection, arrangement and look and feel), and all intellectual property rights therein (whether or not patented, copyrighted, or trademarked), and any suggestions, ideas or other feedback provided by You. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of the Exam Technology, shall be owned solely and exclusively, including all intellectual property rights therein, by the Exam Technology licensor, and You, by your use, agree to assign all right, title, and interest in and to any such copy, modification, revision, enhancement, adaptation, translation, or derivative work to the Exam Technology licensor. You have permission to use the Exam Technology solely for Your personal and non-commercial use on the condition that You comply with these Terms of Service. No other right, title or interest in or to Exam Technology is transferred to You, and all rights not expressly granted are reserved by us or our affiliates.

Certain names, logos, and other materials displayed in and through the Exam may constitute trademarks, trade names, services marks or logos (“Trademarks”) and/or designs, characteristics, and decoration (“Design Rights”) of the Exam Technology licensor, the Company, or its affiliates. You are not authorized to use any such Trademarks or Design Rights without their express written permission. Ownership of all such Trademarks, Design Rights, and the goodwill associated therewith remains with the Exam Technology licensor, us, or our affiliates.

14. Links to Third Party Hyperlinks and Websites

The Exam may contain hyperlinks or references to other websites or webpages (“Linked Sites”) operated by third parties. The Linked Sites may not be under our control, therefore, we are not responsible for the information, products or services described thereon, or for the content of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. We are providing these Linked Sites to You only as a convenience, and the inclusion of any link does not imply endorsement of the Linked Site or any association with its operators. Your use of these Linked Sites is at Your own risk, and we are not liable to You in any way, either directly or indirectly, for any content, errors, damage or loss caused by or in connection with Your use of or reliance on information contained in or provided to Linked Sites.

You may have arrived to the Exam through a Linked Site. You understand and agree that we are not responsible for the information, products or services described on those Linked Sites and only these Terms of Service will apply to Your use of or access to the Exam and the Review. You further understand and agree that if You navigate to Exam from an account You created on a third party Linked Site in order to use the Exam, that third party will share Your account information as necessary with Us in order to coordinate and facilitate Your requested services.

15. Disclaimer of Warranties

YOU ACKNOWLEDGE AND AGREE THAT THE EXAM, THE REVIEW AND ANY ASSOCIATED SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. YOUR USE OF THE EXAM IS AT YOUR SOLE RISK. THE EXAM, ECP(S), AND THEIR AFFILIATES AND RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES, AND AGENTS (COLLECTIVELY “RELATED PERSONS”) MAKE NO REPRESENTATIONS OR WARRANTIES AND SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE EXAM AND THE SERVICES, INCLUDING ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AVAILABILITY, SECURITY, ACCURACY, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY. THE RELATED PERSONS MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF THE EXAM OR THE SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.

TO THE FULLEST EXTENT OF APPLICABLE LAW, THE RELATED PERSONS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE EXAM. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY OR USEFULNESS OF THE EXAM. FURTHERMORE, THE RELATED PERSONS DO NOT GUARANTEE THAT THE EXAM WILL BE UNINTERRUPTED, OR FREE FROM ERROR, DEFECT, LOSS, DELAY IN OPERATION, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND THE RELATED PERSONS DISCLAIM ANY LIABILITY RELATING THERETO.

YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR INFORMATION OBTAINED THROUGH THE USE OF THE EXAM IS TO BE USED BY YOU AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE PHONE OR OTHER DEVICE, INCLUDING ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR INFORMATION.

16. Limitation of Liability

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS SECTION, THE RELATED PERSONS WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), CONTRACT, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, MOBILE PHONE OR OTHER DEVICE DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL INJURY OR EMOTIONAL DISTRESS, INCLUDING DEATH, ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE OF (OR INABILITY TO USE) THE EXAM OR ANY RELATED SERVICES PROVIDED THROUGH THE EXAM. THIS IS TRUE EVEN IF THE RELATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

TO THE EXTENT PERMITTED BY LAW AND SUBJECT TO THIS SECTION, THE TOTAL LIABILITY OF THE RELATED PERSONS FOR ANY CLAIMS UNDER THESE TERMS OF SERVICE SHALL NOT EXCEED FIVE HUNDRED EUROS (500.00 EU). NOTE THAT SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY OR MAY PLACE LIMITATIONS ON OUR ABILITY TO LIMIT OUR LIABILITY TO YOU, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.

17. Indemnification

You agree to indemnify, defend, and hold any Related Persons harmless from and against any and all third-party claims, demands, liabilities, costs or expenses, including attorneys' fees and costs, arising from or related to (i) any breach by You of these Terms of Service, (ii) Your use of material or features available on the Exam in an unauthorized manner, and/or (iii) a violation by You of any and all applicable laws, rules, or regulations.

18. Suspension and Termination Rights

These Terms of Service will remain in full force and effect as long as You continue to access or use the Exam. You may terminate the Terms of Service at any time by discontinuing Your use of the Exam. Your permission to use the Exam automatically terminates if You violate these Terms of Service.

We may terminate or suspend any of the rights granted by these Terms of Service and Your access to the Exam with or without prior notice, at any time and for any reason. However, the following Sections survive the expiration or termination of these Terms of Service: 13 (Disclaimer of Warranties); 14 (Limitation of Liability); 15 (Indemnification); 17 (Dispute Resolution; Arbitration); and 19 (Miscellaneous).

19. Dispute Resolution

Dutch law applies to the Terms, without regard to principles of conflict of laws. Subject to mandatory legal provisions providing otherwise, any conflicts that may ensue from the Terms, will be submitted to the jurisdiction of the District Court of Amsterdam. As a consumer you can also use the ODR-platform (Online Dispute Resolution). This platform offers a simple, efficient, fast and low-cost out-of-court solution to disputes arising from online transactions. For more information see: http://ec.europa.eu/odr.

20. Miscellaneous

These Terms of Service set forth the entire understanding and agreement between You and us with respect to the subject matter hereof. If any provision of the Terms of Service is found to be invalid, the parties agree to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service shall remain in full force and effect. Section headings are for reference only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to any failure by You or others to comply with these Terms of Service does not waive our right to act with respect to subsequent or similar failures by You or others. You may not assign or transfer Your rights or obligations under these Terms of Service without our prior written consent, and any assignment or transfer in violation of this provision shall be null and void. There are no third-party beneficiaries to these Terms of Service. If any term or provision of these Terms of Service is invalid, illegal, or unenforceable in any applicable jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms of Service or invalidate or render unenforceable such term or provision in any other jurisdiction.

21. Copyright Infringement Claims

You agree that unauthorized reproduction, use, or other infringement of the copyrightable content included in the Exam Technology may cause irreparable harm and damage to the Exam Technology licensor which may be difficult to ascertain and which may not be adequately compensated by damages at law. You further agree that the Exam Technology licensor is entitled to specific performance and any good faith claim of copyright infringement may entitle the Exam Technology licensor to seek a temporary restraining order, preliminary injunction and/or permanent injunction restraining You from such infringement. Nothing contained herein shall be construed as prohibiting the Exam Technology licensor from pursuing all other remedies available to it for such breach including monetary damages arising out of such infringement.

22. Contact Information

If you have any questions (or comments) concerning the Terms or the Service, you are welcome to send us an email to the following address, and we will make an effort to reply within a reasonable timeframe: info@6over6.com By contacting us, you represent that you are free to do so and that you will not knowingly provide 6Over6 with information that infringes upon third parties’ rights, including any intellectual property rights. You further acknowledge that notwithstanding anything herein to the contrary, any and all rights, including intellectual property rights in such information provided, shall belong exclusively to 6Over6, and 6Over6 may use or refrain from using any such information at its sole discretion.

Additional Information and Contact Us:

Manufacturer:

6 OVER 6 VISION LTD

6 Simtat Baz St.

Kfar Saba

47727203 Israel

EU representative:

MDSS GmbH

Schiffgraben 41

info@mdss.com

30175 Hannover, Germany