Terms of Use easee Inc. U.S.

LAST UPDATED 02/09/2020

1.  Introduction

These are the Terms of Use (the “Terms”) that govern your use of the online interfaces, software, websites (including easee.online), mobile applications, and online properties that link to these Terms (collectively referred to as the “Site”). The Site is owned and controlled by easee Inc. (“Easee” “we”, “our” and “us”). These Terms describe your rights and responsibilities with regard to the easee Online Prescription Check (the “Test”) that you may use as part of a coordinated service for the purpose of updating your eye glasses or contact lens prescription. In these Terms, the terms “you” and “yours” refer to the person using the Test.

The personal information you submit to Easee via the Site is governed by our Privacy Policy.

By accessing and using the Test and/or registering for an account you acknowledge that you have read, understood and agreed to be legally bound by and comply with these Terms and our Privacy Policy, including, but not limited to, binding arbitration, conducting this transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of New York law. Also all individual users that are granted access by or with assistance from a third party and/or as part of a coordinated service, agree to be legally bound to and comply with the Terms and Privacy Policy. Easee expects you to store a copy of all relevant agreements, contracts and documents, such as these Terms and the Privacy Policy and print such documents when you deem it necessary. 

2. Medical Advice Disclaimer

The information provided through the Site is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Easee does not provide any medical treatment: our goal is to provide you with access to eye care services based upon information submitted and test results analyzed by a licensed eye care professional. Using the Test does not create a doctor-patient relationship or any other professional relationship with Easee. If you have any questions with regard to your health, we advise you to seek support from your doctor. Note that the eye care professional who issues you the updated prescription is an independent professional contracted by us to provide you with the Services. Therefore, they have full authority and control over the service you receive, including the updated prescription.

3.  The Test  

General Information

We operate an online eye test and related website that you may use for the purpose of performing a visual acuity test that, after reviewed and validated by an eye care professional, allows you to update your prescription.

When you use the Test, you will provide us with certain information about yourself by answering a series of questions to determine whether you are eligible to participate. If you are eligible to take the Test, you will perform a series of tasks to help an eye care professional at your request to determine whether to issue you an updated eyewear prescription.

If you want the full results of the Test, you may purchase our service, which allows a licensed optometrist or ophthalmologist  (“Eye care professional”) to review your eligibility for the test, your test results, and other information about you in order to provide you with an updated eyewear prescription (the “Services”). 

Please note that the Test and the Services are only available to individuals in the United States of America between the ages of 16 and 45. The Test and the Services may not be available in some States. Easee retains all rights in deciding in which States and jurisdiction to offer the Test and Services. 

The Test and the Services are not intended as a substitute for a comprehensive eye health exam. The Test does not test for eye diseases or abnormalities and, therefore, you should visit your eye doctor at regular intervals for a comprehensive eye exam. We recommend that you take a comprehensive eye exam at least every two years.

Instructions for the use of the Test

You, following the audio and visual instructions given during the test and answering the questions truthfully, calibrate the computer screen to ensure that all images projected on the screen are standardized in size and brightness. We will then ask you to connect your smartphone to act as a remote control during the test, using therefore your own device to submit answers to a sequence of images and questions about your visual experience. 

The results are calculated based on the answers and on predefined parameters that allow an Eye care professional to review your eligibility and test results, deciding, therefore, whether or not to issue you an updated prescription. For an accurate result, we advise you to:

1. Use a computer or laptop (the brightness of the display should be between 80 and 320 cd/m2 (nits)).
2. Make sure that you are 10ft (3 meters) away from the screen when taking the test.
3. Use a smartphone.  
4. Make sure to have a good internet connection for both your phone (at least 3G or 4G) and computer.
5. If on, turn off all energy-saving functions on your computer and/or connect it to a power grid.
6. If on, turn off the night mode on your smartphone and/or laptop.
7. Set the brightness of the screen to maximum
8. Set the audio volume to maximum to be able to hear the instructions of the test.
9. Take the Test in a room with dimmed lights, avoid reflections on the computer screen and other light sources in the field of view.

During the Test you are personally responsible for following all instructions given, both audible and visual. This includes, for example, covering the correct eye and standing the right distance away from the computer screen. Failure to follow instructions may result in an inaccurate and / or incorrect prescription. In this case, we cannot be held liable for the inaccurate and / or incorrect prescription. Please be aware that, if you do not fully comprehend the instructions given, you should not use the Test. You explicitly agree and guarantee to only give truthful answers during the use of the Test. 

 Restrictions of the Test – Eligibility

The Test is available to individuals in the United States between the ages of 16 and 45. The Test is not for people with presbyopia and/or amblyopia. Also, if you use hard contacts, bifocals, have had eye surgery or laser surgery, have painful or irritated eyes, are pregnant or breastfeeding, or have other certain comorbidities, including diabetes your eligibility for and the results of the online test will be compromised. 

Only refractive errors that meet the following parameters are under the scope of the Test:

  •  you either use glasses or soft contacts and know your current prescription;
  •  in case you currently use glasses and can use them during parts of the Exam:

1.         Single vision glasses (no multifocal or progressive lenses)

  •   in case you use contacts during the Exam:

1.         Myopia: SPH between -10 and -0.25 diopters
2.         Hypermetropia: SPH between +0.25 and 10 diopters
3.         No toric lenses  (for astigmatism)
4.         No hard contacts or overnight lenses.

Prescriptions

If you receive an updated eyewear prescription as a result of the Test and the Services, we will email you to inform you that your prescription is ready. We will add the prescription information to your Easee account. You may then use that prescription to purchase eyeglasses or contact lenses from anywhere you’d like.

By using the Test, you agree that we may email you to discuss further details of your prescription, such as the need for extra information to help the Eye care professionals to issue an accurate prescription. 

If you’d like to speak with the Eye care professional who reviewed the results of your Test, please send us an email via [email protected] so that we can connect you with him or her. 

4. Account and Registration

You must register on the Site and agree to the Terms and the Privacy Policy before using the Test. You guarantee that the information provided by you is correct, true, accurate, current and complete information about yourself. After we have approved the registration, you will receive a personal user account. Persons are required to be 16 years or older to create an account.

You agree to inform us of any unauthorized use of your account information or any possible security breach, including but not limited to incidents involving your password. 

We explicitly reserve the right to hold you liable for any damage whatsoever resulting from any unauthorized use of your account by a third party. The credentials you choose for your account are confidential. We expect you to keep these details to yourself and not share them with anyone else to log into your account.

When creating an account you ensure and guarantee that the Site and/or Test will only be used for lawful and correct purposes. You are prohibited from using the Site and/or Test for any other purpose than using the Test and/or making use of the Services, subject to these Terms. Should you use the Site or Test, without making use of the Services, in any unlawful manner or violate the Terms in any way, we reserve the right to terminate or refuse the use of the Site and/or Test.

5. Your Responsibilities and Acknowledgment

As a condition of your use of the Test and, if chosen by you, the Services, you agree to the following: 

  • All your information provided through the Test is accurate, true, current, complete and correct.
  • You are responsible for the technical operation and maintenance of your internet connection, the internal network and all other IT systems that are required for the use of the Test. We are not responsible for incidents that have to do with one of the aforementioned matters. If you use the Test unwisely and thereby cause an incident, we cannot be held liable.
  • Your permission to use the Test is personal (the Test shall be used only by you, and you represent to us hereby that your identification information is accurate and truthful); 
  • You will strictly follow all instructions provided during the Test;
  • You may not use the Test for anything other than that for which the Test is intended;
  • If requested, you agree to retake the Test in whole or in part; and 
  • If requested, you should provide any information to us for the purpose of receiving an updated contact lens or eye glasses prescription, including your most recent prescription. You may choose not to provide such information, however in that case we cannot provide you with the Test and/or the Services.

You understand and agree that the provision of the Services depends on the completeness and accuracy of the information you provide to us. We are unable to verify the information that is given. Therefore, we are not responsible for any consequences in case the given and/or submitted information is inaccurate and/or incomplete. 

6. Prices and Payment 

You will only be charged for taking your Test if an Eye care professional issues you an updated prescription as a result of the test you performed.

Currently, we are not accepting any vision insurance for the Test or the Services. 

You agree to pay all fees and/or charges related to the Services as published at the time when taking your Test. Prices of the Services are stated clearly and unambiguously on the Site. Additional taxes, costs, and fees may apply. When tax or (additional) costs are applicable, such is indicated and included in the total price presented prior to entering payment information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By entering your payment information, you authorize us and our third party payment processors to charge the amount due and transfer your payment information over various networks. Verification of information may be required prior to the acknowledgment or completion of any transaction.

You can pay directly with the means of payment as stated on the Site or a voucher code provided by us or one of our partners. Additionally, through some of our partners, you might not be charged for the Service. We reserve the right to change the prices stated on the Site from time to time. Prices are subject to obvious mistakes and typos. The adjusted prices will be applicable from the moment of publication of such prices on the Site. No rights can be derived from prices listed in the past.

7. Updates 

Easee may update the Test for maintenance and/or improvement purposes. For your information:

  •  We have a helpdesk. You can contact the helpdesk for technical support and for reporting an incident. The helpdesk is available on Monday through Friday from 9 a.m. to 8 p.m. and from 10 a.m. to 6 p.m. (Central European Time or Central European Summer Time) during weekends and holidays. The helpdesk can be reached via [email protected] We will react as soon as possible.
  •  If an incident is caused by a defect in the Test, we will repair the defect free of charge, unless such is unreasonable for us. Definition of ‘defect’: an error in the software causing the Test to dysfunction in accordance with the agreements in these Terms (the “Defect”).

8. Changes to the Site and these Terms

We may, at any time, vary, add to or delete any provision of these Terms. You expressly acknowledge and agree that such new terms enter into force with their publication on the Site. You explicitly acknowledge and agree that you will be subject to the Terms in force at the time that you use the Test and/or Site.

Easee may, in its sole discretion, and at any time, discontinue this Site or any part thereof, with or without notice, or may prevent your use of this Site with or without notice to you.  You agree that you do not have any rights in this Site and that Easee will have no liability to you if this Site is discontinued or your ability to access the Site or any content you may have provided to the Site is terminated for any reason.

9. Abuse 

You may not do or attempt any of the following:

  • rent, encumber, license or otherwise misuse the Test
  • make a derivative or competitive version of the Test
  • give others access to the Test or a backup copy of the Test;
  • falsely represent that you are affiliated with or connected to any person or entity;
  • enter non-public / secured areas, or other areas that are not intended for the public, of the Test or Site; and
  • send viruses, worms, junk mail, spam, chain letters, unsolicited offers or advertisements or any of the like to the Site, Test, Services or any Easee product or service.

If we suspect that you do not comply with these Terms, we can deny you access to the Test or Services.

10. Links to other Websites

The Site may contain hyperlinks or references to other websites (“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. 

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 on the Site 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 will apply to your use of or access to the Test. 

11. Where to file a complaint or report a problem

You can contact us for technical support, for reporting an incident and for filing a complaint. If you are not satisfied with the Services or if you have good ideas that could help us to improve our Test, please send us an email via [email protected] We will reply as soon as possible.

12. Intellectual property 

Easee (or its licensors) is the sole and exclusive owner of all rights, titles and interest in and to the Test and Site with regard to its content, features and functionality (including, but not limited to, all information, software, texts, displays, interfaces, documents, images, drawings, videos, audio, selections, arrangements, creations and look and feel), and all intellectual property rights therein. If any suggestion(s), idea(s), content, information and/or other feedback is shared by you, all such feedback will be deemed to include a non-exclusive, royalty-free, perpetual, irrevocable, transferable, and unlimited right and license for Easee to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such content without additional approval or consideration to you, to the extent permitted under applicable law.

You only have permission to use the Test for your personal and non-commercial use under the condition that you comply with these Terms, which permission will not be exclusive, nor transferable. No other right, title or interest in or to the Test and/or Site and/or Services is transferred to you, and all rights not expressly granted are reserved by us or our affiliates. Easee will therefore stay the sole owner of all its intellectual property rights with respect to the Site, Test, Services, and/or all other related products and/or services.

You may not display, reproduce, or otherwise use the content or materials within the Test and the Site without first receiving written prior consent from us, given by an authorized person on behalf of Easee.

No one is permitted to remove any intellectual property rights and/or information from the Site, test and/or Services or to duplicate, reproduce and/or copy (any part of our) Site, Test, Services, products and/or other services.  

However, subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to personally use the Test for the purpose of accessing and using the Test and the Services in accordance with these Terms.

13. Limitation of Liability

Any liability of easee, whether direct, indirect, immaterial or consequential, resulting from the use of the Services, Site and/ or taking the Test is excluded and we cannot be held liable for gross negligence, willful misconduct, or for any damage you may suffer as a result of the use of the SITE, TEST, or any other events which are not under our reasonable control, such to the fullest and maximum extent permitted by applicable law.

Easee will not be liable to you or to any person for any DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL lossES or any damageS of any kind that may arise from the use of the Site and/or Test and/or our Services and the use of any information contained within the Site or Test, such to the fullest and maximum extent permitted by applicable law.    

You guarantee to give truthful answers during use of the Test, the Site and Services and use them in a fully correct manner. Easee cannot be held liable for inaccurate and/or (partly) incorrect use of the Test, such to the fullest and maximum extent permitted by applicable law. The Site and/or Test should not be used if you do not fully understand all instructions given.

THIS SITE AND THE TEST ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS. We will use reasonable endeavors to ensure that the Site and Test is and will stay fully operational. Due to the nature of the Internet, Easee cannot guarantee that the Site and/or Test will be free from delays, interruptions or errors. We take all reasonable efforts to ensure that information on the Site and/or Test is correct, but we cannot give representations or warranties, express or implied, including but not limited to those of merchantability, non-infringement, or fitness for a particular purpose, in relation to the accuracy or completeness of the Site, the Test, and/or said information. We take precautions to protect all (personal) data collected through the Site and/or Test but in the event that unauthorized third parties infiltrate our system we will not accept any liability for any resulting misuse of the (personal) data. Easee will not be liable for any modification, price change, suspension or discontinuance of the Site and/or Test.

If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU AND THE FOREGOING PARAGRAPHS SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF EASEE’S NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.

14. Suspension and Termination Rights

We reserve the right to immediately terminate your access to all or part of the Site without notice or liability, for any reason, including, but not limited to, if you: (a) make unauthorized use of any username or password, or (b) breach any agreement between you and Easee. In the event of termination, your obligations under these Terms will still continue.

If Easee fails to act with respect to your breach or anyone else’s breach on any occasion, Easee is not waiving its right to act with respect to future or similar breaches. Any failure by Easee to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, pandemic, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of Easee, shall not be deemed a breach of these Terms.

15. Nullity

If any of the provisions of this agreement (which include the Terms) become invalid or are declared null and void, then this will not affect the validity and enforceability of the remaining provisions, which shall remain in full force and effect. Invalid or unenforceable provisions will be replaced by valid, enforceable provisions that most closely match the intent of the original provisions.

16. Binding Arbitration

 Any controversy or claim arising out of your use of the Site, these Terms, and/or our Privacy Policy shall be settled exclusively by binding arbitration before Judicial Arbitration and Mediation Services (“JAMS”), in the location of your residence; in New York; or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, unless such JAMS Rules and Procedures are inapplicable to the dispute by their terms, or otherwise inconsistent with these Terms. Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. Please go to www.jamsadr.com or call (800) 352-5267 to see a complete copy of the JAMS Rules and Procedures.

In resolving a claim for arbitration, the Federal Arbitration Act shall govern the enforceability, interpretation and effect of terms set forth in this provision. Otherwise, the arbitrator shall apply New York law or applicable federal law consistent with applicable statutes of limitations, and shall honor claims of privilege recognized at law. Payment of the parties’ costs and fees owed to JAMS and the arbitrator will be determined by the JAMS Rules and Procedures and fee schedule, and in such case will be subject to any limitations on the costs and fees owed by you as provided in the JAMS Rules and Procedures. If any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the JAMS Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable, or illegal is that claims will not be arbitrated on a class, representative, or collective basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Easee shall be entitled to arbitrate their dispute. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL NOT BE IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.  

BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL; ARE LIMITING YOUR RIGHT TO APPEAL; AND WAIVE ANY AND ALL RIGHTS TO PARTICIPATE IN A CLASS ACTION OR CLASS OR REPRESENTATIVE ARBITRATION. DO NOT USE THIS SITE OR THE TEST IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.

Terms of Use easee Inc. U.S.
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