Business EyeQ LLC, Terms of Service

App Terms of Usage
Thanks for downloading Oculoos! By using Oculoos (“the app”) by Business EyeQ LLC, you agree to the following terms and conditions:

The app’s user is expected to be familiar with the general operating principles of the host mobile device. As a general rule, use of the app for diagnostic and/or treatment purposes is strictly prohibited. The Food and Drug Administration is NOT authorized (https://www.fda.gov/medical-devices/home-use-devices/fdas-role-regulating-medical-devices) to limit or interfere with the practice of medicine of health care practitioners in the United States (FD&C §1006). Different rules and regulations may apply for international users. This app is provided “as is”, without warranties, expressed or implied. In no event will Business EyeQ LLC be held liable for any mishaps arising from using this app. The use of this app is conditioned on your agreement to these terms and conditions. By pressing “agree” in the app, you hereby acknowledge that you have read and understood this agreement.

User Account

Use of the Services may require that you register and/or create an account (“Account”). To register and create an Account, you must select an account designation and password and provide certain personal information. In consideration of the use of the Services provided by Oculoos, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, (b) maintain and promptly update the personal information you provide to keep it true, accurate, current and complete, and c) provide and maintain at least one valid payment method (i.e., credit card). If you provide any information that is untrue, inaccurate, not current or incomplete, or Oculoos has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Oculoos has the right to refuse any and all current or future use of the Services (or any portion thereof).By creating an Account, you agree that Oculoos may send you informational text (SMS) messages as part of the business operation of Oculoos and/or of your use of the Services.

You are responsible for maintaining the confidentiality and security of your Account and password, and you are fully responsible for all activities that occur under your password or Account, and for any other actions taken in connection with the Account or password. You agree to (a) immediately notify Oculoos of any known or suspected unauthorized use(s) of your password or Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information; and (b) ensure that you exit from your Account at the end of each session. Oculoos will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (a) and (b) or for any acts or omissions by you or someone else using your Account and/or password.You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account.
Limitaiton of Liability

In no event shall Oculoos be liable to you for any direct, indirect, special, punitive, incidental, exemplary or consequential damages, or any loss or damages whatsoever, including lost data, lost profits, property damage, or personal injury (even if Oculoos has been previously advised of the possibility of such damages), whether in an action under contract, negligence, or any other theory, in any manner arising out of or in connection with the services. Oculoos assumes no responsibility and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, browsing of, or downloading of any material from the applications. Oculoos assumes no responsibility or liability in any manner arising out of or in connection with any information, content, products, your use of or reliance on the services or your inability to access or use the services, delay or failure in performance of the services, or material available on or through the applications, as well as any third party website pages or additional websites linked to via the applications, for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, inaccuracy contained therein or harm to person or property caused thereby. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. In no event shall Oculoos’s total liability to you for all damages, losses and causes of action, whether in contract, tort (including but not limited to, negligence) or otherwise, for all services provided by Oculoos exceed the amount paid by you to Oculoos. You and Oculoos agree that the warranty disclaimers and limitations of liability in these terms are material, bargained-for bases of these terms, and that they have been taken into account in determining the consideration to be given by each party under these terms and in the decision by each party to enter into these terms. You and Oculoos agree that the warranty disclaimers and limitations of liability in these terms of use are fair and reasonable.

ENTIRE AGREEMENT

These Terms, which hereby incorporate by reference the terms of Oculoos’s Privacy Policy, constitute the entire agreement between you and Oculoos, superseding all prior agreements regarding the Applications and/or Services.

NO WAIVER

The failure of Oculoos to exercise or enforce any right or provision of the Terms shall not constitute a waiver of said right or provision. Neither party hereto shall be deemed to be in default of any provision of the Terms or for failure in performance resulting from acts or events beyond the reasonable control of such party and arising without its fault or negligence, including, but not be limited to, acts of God, civil or military authority, interruption of electric or telecommunication services, civil disturbances, acts of war or terrorists, strikes, fires, floods or other catastrophes.

Headings & Construction

The section titles in the Terms are for your convenience only and carry no contractual or legal effect whatsoever. The language in these Terms shall be interpreted in accordance with its fair meaning and shall not be strictly interpreted for or against either party.

Contact Oculoos

For questions regarding these Terms, contact Oculoos at www.oculoos.com