Terms of Use

Smart Vision Labs, Inc.
Last updated: February 11, 2016

  1. Purchase of SVOne
  2. Use of Personal Data
  3. Intellectual Property Rights
  4. Trademarks
  5. Community Guidelines
  6. Unsolicited Information
  7. External Websites
  8. Advertisements on this Website
  9. Disclaimer of Warranties
  10. Limitation of Liability
  11. Indemnification
  12. Termination
  13. Compliance with Applicable Laws
  14. Copyright Complaints
  15. Modifications to the Application / Terms of Use
  16. Miscellaneous

 

Welcome! Smart Vision Labs, Inc. (“SVL,” “we,” “us,” or “our“) invites Users to use our services (“Services“), which are made available to Users through our website located at https://smartvisionlabs.com (the “Website“) and the SVOne Mobile App (“Mobile App”). Please read these Terms of Use carefully.

We provide our Services to Visitors, SVOne Operators, and Service Recipients (collectively, the “Users” and each, a “User“) subject to the following Terms of Use, which may be updated by us from time to time without notice to Users. By browsing the public areas or by accessing and using the Services, Users acknowledge that Users have read, understood, and agree to be legally bound by these Terms of Use and our Privacy Policy, which is hereby incorporated by reference (collectively, this “Agreement“). If Users do not agree to any of these terms, then Users should not use the Services.

Capitalized terms not defined in these Terms of Use shall have the meaning set forth in our Privacy Policy.

Services provided through our ENTERPRISE solution are available for prescription use only in the United States of America (USA), Canada and to users in the member states of the European Union where SVL products are registered.  These Services are provided in partnership with licensed vision care medical professionals to assist in the identification of refractive errors, and are intended to measure, display, store and transmit medical data. The Services are not intended to diagnose the patient or alert healthcare professionals or patients to potentially serious conditions. SVL does not automatically review, monitor, or evaluate any information for a specific User generated from the Services. SVL enables you to send your results to your physician. It is your responsibility to present your medical data to your physician for proper analysis and diagnosis.  Enterprise Services allow a Service Recipient to use the Services independent of a technician or practitioner.  Data collected during the refraction is transmitted to a secure SVL cloud repository for further evaluation by a licensed practitioner.  Further contact with User, including diagnosis, evaluation and issuance of a prescription, will be conducted by the Practitioner in an appropriate manner as agreed upon by User and Practitioner.  Upon confirmation of acceptance of these terms and conditions or by otherwise accessing or using the application, you the User (“You”) understand and agree to the above description of the application and agree as follows:

  1. Purchase of SVOne

If User would like to purchase SVOne, User will be required to agree to the terms and conditions of a Purchase Agreement. User agrees to pay the applicable purchase price of SVOne made known to the User on the Website. We may use third party payment vendors (“Third Party Payment Vendors“) to process Users payment in connection with their purchase. User warrants and represents that User is the valid owner or an authorized user, of the credit card User provides to such Third Party Payment Vendor, and that all credit information is accurate. We reserve the right to change any of the fees that we charge, or to institute new or additional fees, at any time upon notice to Users.

  1. Use of Personal Data

Users’ use of the Services may involve the transmission to us of certain personally-identifiable information. Our policies with respect to the collection and use of such personally-identifiable information are governed according to our Privacy Policy (located at https://smartvisionlabs.com/privacy) which is hereby incorporated by reference in its entirety.

Smart Vision Labs, Inc. (SVL) is committed to and has implemented many safeguards to ensure its devices, services, websites and data systems (collectively “Products”) are compliant with the regulations and conditions set forth in the Health Insurance Portability and Availability Act of 1996 (HIPAA). SVL is committed to continuous improvement to ensure SVL Products incorporate state-of-the-art information technology privacy and security measures.

  1. Intellectual Property Rights

User acknowledges that SVL Services contains material, such as software, text, graphics, images, sound recordings, audiovisual works, and other materials provided by or on behalf of SVL (collectively, the “Content“). The Content may be owned by us or by third parties, and is protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. User also acknowledges that the Content is and shall remain the property of SVL or its licensors. User agrees to comply with all intellectual property laws and User shall not encumber any interest in, or assert any rights to, the Content. User may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part. However, User may print a single copy of the Content for User’s own personal use provided that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices.

  1. Trademarks

The trademarks, service marks, and logos of SVL (“SVL Trademarks“) used and displayed on the Services are registered and unregistered trademarks or service marks of SVL. Other company, product, and service names located on the Services may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with the SVL Trademarks, the “Trademarks“). Nothing on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of SVL Trademarks inures to our benefit.

  1. Community Guidelines

By accessing and/or using the Services, User hereby agrees that:

  • User will not use the the Services for any unlawful purpose;
  • User will not upload, post, e-mail, transmit, or otherwise make available any content that:
    • infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
    • is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, or promotes extreme violence or cruelty to animals, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity; or
    • discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information.
  • User will not “stalk” or otherwise harass another user of the Services or any other person;
  • User will not spam or use the Services to engage in any commercial activities, including, without limitation, raising money; advertising or promoting a product, service, website, or company; or engaging in any pyramid or other multi-tiered marketing scheme;
  • User will not impersonate any person or entity or falsely state or otherwise misrepresent User’s affiliation with a person or entity;
  • User will not interfere with or attempt to interrupt the proper operation of the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, or files related to the Services through hacking, password or data mining, or any other means; and
  • Let us know about inappropriate content. If User finds something that violates our community guidelines, User should let us know, and we will review it.
  1. Unsolicited Information

By submitting any unsolicited information and materials, including comments, ideas, questions, designs, and other similar communications (collectively, “Unsolicited Information“) to us, User agrees to be bound by the following terms and conditions. If User does not agree with these terms and conditions, User should not provide us with any Unsolicited Information. All Unsolicited Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. We, or any of our affiliates, may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, we and our affiliates are free to use any ideas, concepts, know-how, or techniques contained in any communication or material User sends to us for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. By submitting any Unsolicited Information, User is granting us a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Unsolicited Information and to use User’s name and other identifying information in connection with such Unsolicited Information.

  1. External Websites

The Website and the Platform may contain links to third-party websites (“External Websites”), but we do not endorse and are not responsible for the maintenance or content of any such External Websites. Please refer to the terms of use and privacy policies of the External Websites for more information.

  1. Advertisements

SVL, in its sole discretion, may post the advertisements of third parties on the Website. The display of advertisements on the Website is not intended as and does not in any manner constitute a recommendation, endorsement, or approval of the advertiser or its services by SVL. User’s correspondence or any other dealings with advertisers found on this Website are solely between User and such advertiser and we are not responsible or liable for the statements or conduct of any third party, nor for any loss or damage incurred as a result of any such dealings or as the result of the presence of such advertisers on this Website.

  1. Disclaimer of Warranties

USER ACKNOWLEDGES AND AGREES THAT THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NONE OF SVL, ITS AFFILIATES, SUBSIDIARIES, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “SVL PARTIES“) GUARANTEE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, SUITABILITY OR USEFULNESS OF ANY PORTION OF THE SERVICES. NONE OF SVL PARTIES WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SERVICES, ITS SERVER OR ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SERVICE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. USER EXPRESSLY AGREES THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES, AND THE ACCURACY, TIMELINESS OR COMPLETENESS OF THE CONTENT, AND SERVICES IS ASSUMED SOLELY BY USER. NONE OF SVL PARTIES MAKE ANY, AND HEREBY SPECIFICALLY DISCLAIM ANY AND ALL, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICES, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. USER’S SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE THE SERVICES.

  1. Limitation of Liability

UNDER NO CIRCUMSTANCES WILL ANY OF SVL PARTIES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY USER’S RELIANCE ON INFORMATION OBTAINED THROUGH THE SERVICE. IT IS USER’S RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS SERVICE. IN NO EVENT SHALL ANY OF THE SVL PARTIES BE LIABLE FOR SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, REVENUES OR SAVINGS, EVEN IF A SVL PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. IN NO EVENT SHALL THE TOTAL CUMULATIVE LIABILITY OF THE SVL PARTIES FOR DIRECT DAMAGES ARISING UNDER THESE TERMS OF USE OR RELATING THERETO, EXCEED, ONE HUNDRED DOLLARS ($100). BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS THE SVL PARTIES’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

  1. Indemnification

User agrees to defend, indemnify, and hold the SVL Parties harmless from and against any and all claims, actions, or demands and relating costs, damages and liability (including, without limitation, reasonable attorneys’ fees) arising or resulting from: (i) User’s breach of this Agreement; (ii) User’s access to, use, or misuse of the Website, the Content, or the Services; and (iv) User’s violation of any third-party right, including without limitation any intellectual property, or privacy right.

  1. Termination

We may terminate this Agreement and User’s access to all or any part of the Services at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any party of the Services at any time without prior notice or liability.

  1. Compliance with Applicable Laws

The Services are based in the United States, and is intended to be used only by residents of the United States that are age 13 years or older. We make no claims concerning whether the Services may be downloaded, viewed, or be appropriate for use outside of the United States. If User’s access the Services from outside of the United States, User’s do so at their own risk. Whether inside or outside of the United States, Users are solely responsible for ensuring compliance with the laws of their specific jurisdiction.

If User believes the Service contains any content that infringes User’s copyright, User may contact our Copyright Agent, as detailed below, with the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that User claims has been infringed;
  • A description of where the material that User claims is infringing is located on the Website;
  • User’s address, telephone number and email address;
  • A statement by User that User has a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
  • A statement by User, made under penalty of perjury, that the above information in User’s notice is accurate and that User is the copyright owner or duly authorized to act on the copyright owner’s behalf.

To contact our Copyright Agent by regular mail, please write to:

Copyright Agent
Smart Vision Labs, Inc.
335 Madison Avenue, Floor 16
New York, NY 10017

To contact our Copyright Agent by email, please write to DMCA@smartvisionlabs.com, with COPYRIGHT NOTICE in the subject line.

  1. Modifications to the Application / Terms of Use

You acknowledge and agree that SVL may, in its sole discretion, modify the Application and these Terms of Use (including any instructions, policies or guidelines referenced herein) at any time and in any manner. Upon modification of these Terms of Use, SVL will notify You for Your consent. All such modifications shall be binding upon You when made. You may not amend or modify the Application, Website or these Terms and Conditions under any circumstances.

  1. Miscellaneous

In the event that any portion of this Agreement is held to be invalid or unenforceable, then such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of this Agreement shall remain in full force and effect. This section, and the sections entitled Intellectual Property Rights, Indemnification, Disclaimer of Warranties, and Limitation of Liability shall survive the termination of this Agreement. Users may not assign this Agreement. No waiver shall be effective unless in writing. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement. This Agreement shall be governed by and construed in accordance with the laws of the State of New York. Except for proceedings commenced by SVL to protect its intellectual property or confidential information which may be brought in any court of competent jurisdiction, the parties mutually agree that any and all disputes arising hereunder shall be resolved exclusively by state or federal courts located in the State of New York. This Agreement contain the entire agreement of the parties concerning its subject matter, and supersede all existing agreements and all other oral, written or other communication between the parties concerning the subject matter. Users shall comply with all laws, rules and regulations which are now or hereinafter promulgated by any government authority or agency which govern or apply to the use of the Services.

Thank you for your cooperation. We hope Users find the Services helpful and convenient to use. Questions or comments regarding the Services, including any reports of non-functioning links, should be submitted using our email address at info@smartvisionlabs.com or via U.S. mail to

Smart Vision Labs, Inc.
335 Madison Avenue, Floor 16
New York, NY 10017
USA

We try to answer every inquiry in a timely manner but are not always able to do so.