These Terms and Conditions ("Terms") govern your access to and use of the website located at www.myeyes.net (the "Site"), the MyEyes mobile application available for download on Apple iOS and Android devices (the "App," and together with the Site, the "Platform"), and all related features, functionality, and services are referred to collectively as the "Services") provided by MyEyes Corporation ("MyEyes," "we," "us," or "our"). By accessing or using the Site, the App, or any of the Services, you ("you," "User," or "Subscriber") acknowledge that you have read, understood, and agree to be bound by these Terms including the binding arbitration provision and class action waiver set forth in Section 12 together with our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must immediately discontinue all use of the Services.
THESE TERMS INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THE SERVICES AND THESE TERMS TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. THE DISPUTE RESOLUTION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. MORE INFORMATION ABOUT THE ARBITRATION AND CLASS ACTION WAIVER CAN BE FOUND IN SECTION 12 (GOVERNING LAW AND DISPUTE RESOLUTION) BELOW.
1. Description of Services
The Platform is designed to assist healthcare professionals and patients in the assessment and evaluation of eye conditions. The Platform enables Users to submit ocular data—including images, scans, and related health information—for processing and analysis using MyEyes' proprietary technology. MyEyes reserves the right to modify, update, or discontinue any aspect of the Platform or Services at any time without prior notice.
The Services are intended solely as informational and assistive tools. MyEyes does not provide medical diagnoses, medical advice, or treatment recommendations. No output, report, analysis, or result generated by the Platform should be construed as a medical diagnosis or as a substitute for the professional judgment of a qualified, licensed healthcare provider. Users, including both patients and healthcare professionals, acknowledge and agree that any clinical decisions must be made solely by a licensed healthcare provider exercising independent professional judgment. MyEyes expressly disclaims any responsibility for clinical decisions made in reliance upon the output of the Platform.
2. User Accounts and Eligibility
To access certain features of the Services, you may be required to create a user account ("Account"). You agree to provide accurate, current, and complete information during the registration process and to keep such information updated. You are solely responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account. You agree to notify MyEyes immediately of any unauthorized use of your Account or any other breach of security. MyEyes reserves the right to suspend or disable your Account at any time if MyEyes reasonably believes your Account has been compromised or is being used in violation of these Terms.
The Services are available to individual patients ("Patient Users") and licensed healthcare professionals ("Provider Users," and together with Patient Users, "Subscribers"). The Services are not intended for use by individuals under the age of 18. By registering for an Account or using the Services, you represent that you are at least 18 years of age. By registering as a Provider User, you represent and warrant that you hold all licenses and credentials required under applicable law to practice in your field. MyEyes reserves the right to verify your credentials and to suspend or terminate your Account if any representation is found to be inaccurate.
3. Submission of Data; No Medical Diagnosis
Subscribers acknowledge and agree that they voluntarily transmit data—including personal information, health-related data, images, and other materials (collectively, "User Data")—to MyEyes through the Platform. MyEyes processes and makes certain outputs available to Users through the Platform; however, Users expressly acknowledge and agree that MyEyes does not engage in the practice of medicine, does not render medical diagnoses, and does not provide medical advice. Any information generated by or made available through the Platform is for informational and assistive purposes only and must not be relied upon as a substitute for professional medical judgment.
Patient Users further acknowledge that they are solely responsible for consulting with a qualified healthcare professional regarding any eye condition, symptom, or concern. Provider Users acknowledge that the outputs of the Platform are supplementary in nature and do not replace the Provider User's obligation to exercise independent clinical judgment.
4. Intellectual Property Rights
4.1 Ownership
All right, title, and interest in and to the Services including all content, features, functionality, software, code, algorithms, models, data structures, interfaces, text, graphics, logos, trademarks, service marks, trade names, and other materials available on or through the Services (collectively, "MyEyes IP") are and shall remain the exclusive property of MyEyes and its licensors. The MyEyes IP is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights laws. Nothing in these Terms grants you any right, title, or interest in any MyEyes IP except for the limited license expressly set forth in Section 4.2.
4.2 Limited License
Subject to your compliance with these Terms, MyEyes grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) access and use the Services solely for your personal or internal professional purposes; and (b) download and install the App on mobile devices owned or otherwise controlled by you (each, a "Mobile Device"). The App is licensed, not sold, to you. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, or otherwise exploit any MyEyes IP except as expressly permitted by these Terms or with the prior written consent of MyEyes.
4.3 Restrictions
You agree that you will not, and will not permit any third party to: (a) copy, modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on any MyEyes IP; (b) use any robot, spider, scraper, or other automated means to access the Site, the App, or the Services for any purpose; (c) remove, alter, or obscure any proprietary notices, labels, or marks on or in any MyEyes IP; (d) use the Services in any manner that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third party; (e) use the Services for any unlawful purpose or in violation of any applicable law or regulation; (f) attempt to gain unauthorized access to any portion of the Services or any systems or networks connected thereto; (g) copy the App except to install it on your Mobile Devices; (h) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the App or any features or functionality of the App to any third party for any reason, including by making the App available on a network where it is capable of being accessed by more than one device at any time; or (i) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the App.
4.4 Feedback
If you provide MyEyes with any suggestions, ideas, enhancement requests, recommendations, or other feedback regarding the Services ("Feedback"), you hereby assign to MyEyes all right, title, and interest in and to such Feedback and MyEyes shall be free to use, disclose, reproduce, license, and otherwise exploit the Feedback in any manner, without obligation, restriction, or compensation to you.
4.5 Trademarks
"MyEyes," the MyEyes logo, and all related names, logos, product and service names, designs, and slogans are trademarks of MyEyes or its affiliates. You may not use such marks without the prior written permission of MyEyes. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.
5. User Data and De-Identified Data
5.1 User Data
You retain ownership of User Data that you submit to the Platform, subject to the rights and licenses granted herein. You represent and warrant that (a) you have all rights, consents, and permissions necessary to submit User Data and to grant the licenses described in these Terms—including, if you are a Provider User, all patient consents and authorizations required under applicable federal and state privacy laws; (b) the User Data is accurate and complete to the best of your knowledge; and (c) the submission and processing of such User Data does not violate any applicable law, regulation, or third-party right.
5.2 License to User Data
By submitting User Data to the Platform, you grant MyEyes a non-exclusive, worldwide, royalty-free, fully paid-up, sublicensable (to MyEyes' affiliates, service providers, subprocessors, and partners acting on MyEyes' behalf for the purposes described herein), perpetual (solely with respect to De-Identified Data and Aggregated Data created prior to termination), irrevocable license to use, host, store, reproduce, process, adapt, and display User Data as reasonably necessary or useful in connection with: (a) providing, maintaining, and improving the Services; (b) creating De-Identified Data and Aggregated Data as described in Sections 5.3 and 5.4; (c) complying with applicable law, regulation, or legal process; (d) enforcing these Terms; and (e) fulfilling MyEyes' obligations under these Terms.
5.3 De-Identified Data; Consent to Use
By using the Services, you expressly consent to MyEyes' collection, creation, use, and disclosure of De-Identified Data (as defined below) for any lawful purpose, including without limitation: (a) research and development; (b) data analytics; (c) improvement, training, and optimization of MyEyes' algorithms, models, products, and Services; (d) the creation of aggregated datasets and benchmarks; and (e) the sale, license, or other transfer of De-Identified Data to third parties for research, analytical, or other lawful purposes. "De-Identified Data" means data derived from User Data that has been stripped of all direct and indirect personal identifiers such that it cannot reasonably be used to identify any individual, in accordance with applicable law and recognized de-identification standards. MyEyes owns all right, title, and interest in and to De-Identified Data. MyEyes employs commercially reasonable technical, administrative, and organizational measures to ensure that De-Identified Data cannot be re-identified. You acknowledge that, once de-identified, such data is no longer subject to restrictions that apply to personally identifiable information or protected health information.
5.4 Aggregated and Statistical Data
MyEyes may compile aggregated, anonymized, or statistical data derived from the use of the Services ("Aggregated Data"). MyEyes owns all right, title, and interest in Aggregated Data and may use Aggregated Data for any lawful business purpose, including the improvement of its products and the publication of research findings, provided that such data does not identify any individual User.
6. Privacy
6.1 Privacy Policy
MyEyes' collection, use, storage, and disclosure of personal information is governed by our Privacy Policy, available at www.myeyes.net/privacy (the "Privacy Policy"). By using the Services, you consent to the practices described in the Privacy Policy. You are encouraged to review the Privacy Policy carefully before using the Services.
6.2 Health Information
MyEyes is not a "covered entity" or "business associate" as those terms are defined under the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations ("HIPAA"). MyEyes does not knowingly receive, maintain, or transmit protected health information on behalf of any covered entity. Accordingly, MyEyes does not treat the Services as subject to HIPAA's requirements, and you acknowledge that it is your sole responsibility, as a Provider User, to determine whether your use of the Services complies with HIPAA, state health data privacy laws, and any other applicable privacy law. Notwithstanding the foregoing, MyEyes is committed to safeguarding the confidentiality, integrity, and security of all User Data and employs commercially reasonable security measures to protect such data. Nothing in these Terms shall be construed to create a physician-patient, provider-patient, or other healthcare relationship between MyEyes and any User.
6.3 Data Security
MyEyes implements and maintains commercially reasonable technical, administrative, and physical safeguards designed to protect User Data from unauthorized access, use, alteration, or destruction. However, no method of electronic transmission or storage is completely secure, and MyEyes cannot guarantee the absolute security of User Data. You acknowledge and agree that you transmit User Data at your own risk.
7. Disclaimers
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MYEYES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ACCURACY. MYEYES DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WITHOUT LIMITING THE FOREGOING, MYEYES MAKES NO REPRESENTATION OR WARRANTY THAT ANY OUTPUT, REPORT, ANALYSIS, OR RESULT GENERATED BY THE PLATFORM IS ACCURATE, COMPLETE, RELIABLE, OR SUITABLE FOR ANY PARTICULAR PURPOSE, INCLUDING ANY CLINICAL OR DIAGNOSTIC PURPOSE. THE PLATFORM IS NOT A MEDICAL DEVICE AND HAS NOT BEEN CLEARED OR APPROVED BY THE U.S. FOOD AND DRUG ADMINISTRATION OR ANY OTHER REGULATORY AUTHORITY FOR USE AS A DIAGNOSTIC TOOL.
8. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MYEYES, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH (A) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (C) ANY OUTPUT, REPORT, OR RESULT OBTAINED FROM THE SERVICES; OR (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR USER DATA, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT MYEYES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTHING IN THIS SECTION SHALL LIMIT LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY MYEYES' GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, TO THE EXTENT SUCH LIMITATION IS PROHIBITED BY APPLICABLE LAW.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF MYEYES ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO MYEYES, IF ANY, IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR (B) ONE HUNDRED DOLLARS ($100.00).
9. Indemnification
You agree to indemnify, defend, and hold harmless MyEyes and its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, judgments, losses, costs, settlements, and expenses (including reasonable attorneys' fees) arising out of or in connection with: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; (d) your violation of any third-party right, including any intellectual property, privacy, or proprietary right; (e) any User Data submitted by you; or (f) any clinical decision, diagnosis, treatment, or action taken or omitted in reliance upon any output, report, analysis, or result generated by the Platform. MyEyes reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify MyEyes, and you agree to cooperate with MyEyes' defense of such claims.
10. Term and Termination
These Terms are effective as of the date you first access or use the Services and continue in effect until terminated. MyEyes may suspend or terminate your access to the Services at any time, with or without cause and with or without notice, at its sole discretion. Upon termination, all licenses and rights granted to you under these Terms shall immediately cease, and you must promptly discontinue all use of the Services and delete all copies of the Application from your Mobile Devices. Notwithstanding termination, MyEyes may retain User Data as required by applicable law or for legitimate business purposes (including legal defense, compliance, product improvement, and analytics), and MyEyes' rights with respect to De-Identified Data and Aggregated Data shall survive termination in perpetuity. Sections 3 (Submission of Data; No Medical Diagnosis), 4 (Intellectual Property Rights), 5 (User Data and De-Identified Data), 6 (Privacy), 7 (Disclaimers), 8 (Limitation of Liability), 9 (Indemnification), 12 (Governing Law and Dispute Resolution), 13 (Mobile App), and 14 (Miscellaneous) shall survive any termination of these Terms.
11. Modifications to Terms
MyEyes reserves the right to modify these Terms at any time in its sole discretion. Non-material modifications are effective upon posting the revised Terms on the Site and updating the "Effective Date" above. Material modifications shall become effective seven (7) days after posting unless otherwise specified. If MyEyes makes material changes to these Terms, it will use commercially reasonable efforts to provide additional notice (such as a banner on the Site, an in-App notification, or an email notification), but failure to provide such additional notice shall not affect the validity of the revised Terms. You are responsible for periodically reviewing these Terms for changes. Your continued use of the Services following the posting of revised Terms constitutes your acceptance of such changes. If you do not agree to the revised Terms, you must discontinue use of the Services.
12. Governing Law and Dispute Resolution
12.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of laws principles.
12.2 Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL. BY AGREEING TO THESE TERMS, YOU ARE AGREEING TO RESOLVE MOST DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT.
Except as set forth in Section 12.4 below, any dispute, claim, or controversy arising out of or relating to these Terms or the Services, including the determination of the scope or applicability of this agreement to arbitrate (each, a "Dispute"), shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association ("AAA"), except as modified by this Section 12. Arbitrations involving Patient Users shall proceed under the AAA's Consumer Arbitration Rules, and arbitrations involving Provider Users acting in their professional or business capacity shall proceed under the AAA's Commercial Arbitration Rules, in each case as then in effect; where the applicable rule set is disputed, the AAA shall make the determination based on the nature of the Dispute and the capacity in which the Subscriber used the Services, and such determination shall be final. The arbitration shall be conducted by a single neutral arbitrator selected in accordance with the AAA's rules. The arbitration shall take place in Salt Lake City, Utah, unless the parties mutually agree otherwise or the arbitrator determines that such venue would impose an undue hardship on the claimant, in which case the arbitration may be conducted remotely or in another location determined by the arbitrator. The arbitrator shall have the authority to award any relief that would be available in a court of competent jurisdiction, including injunctive or declaratory relief, but only to the extent necessary to provide relief warranted by the individual claim. The arbitrator's award shall be final and binding, and judgment on the award may be entered in any court having jurisdiction thereof. With respect to arbitrations governed by the Consumer Arbitration Rules, MyEyes shall pay all AAA filing, administration, and arbitrator fees to the extent required by those rules; for all other arbitrations, each party shall bear its own costs and fees in accordance with the applicable AAA rules. Each party shall bear its own attorneys' fees in connection with the arbitration, unless the arbitrator determines that applicable law requires otherwise. For Patient Users residing in states with non-waivable consumer protections—including, for example, California—this agreement to arbitrate will be interpreted to preserve any non-waivable rights (such as the ability to seek public injunctive relief in court) and any state-law remedies triggered by a business's failure to timely pay required arbitration fees; nothing in this Section limits those rights.
12.3 Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. BY AGREEING TO THESE TERMS, YOU ARE WAIVING YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
YOU AND MYEYES AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a class, collective, or representative proceeding. If a court or arbitrator determines that this class action waiver is unenforceable as to a particular claim or request for relief, then the parties agree that such claim or request for relief shall be severed and proceed in a court of competent jurisdiction located in Salt Lake County, Utah, rather than in arbitration.
12.4 Exceptions to Arbitration
Notwithstanding Section 12.2, either party may seek injunctive or other equitable relief in a court of competent jurisdiction located in Salt Lake County, Utah to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights, copyrights, trademarks, trade secrets, confidentiality obligations, data security obligations, or other proprietary rights. Additionally, claims within the jurisdiction of a small claims court in Salt Lake County, Utah, may be brought in such court in lieu of arbitration. You hereby consent to the personal jurisdiction of such courts for the purposes described in this Section 12.4.
12.5 Opt-Out Right
You have the right to opt out of the binding arbitration and class action waiver. You may opt out of the binding arbitration and class action waiver provisions set forth in Sections 12.2 and 12.3 by sending written notice of your decision to opt out to MyEyes at legal@myeyes.net within thirty (30) days after you first accept these Terms. Your notice must include your name, mailing address, and a clear statement that you wish to opt out of the arbitration and class action waiver provisions. If you timely opt out, neither you nor MyEyes will be required to arbitrate Disputes, and all Disputes shall be resolved exclusively in the state or federal courts located in Salt Lake County, Utah, and you hereby consent to the personal jurisdiction of such courts.
13. Mobile App
13.1 App Updates
MyEyes may, from time to time in its sole discretion, develop and provide App updates, which may include upgrades, bug fixes, patches, and other error corrections and/or new features (collectively, "Updates"). Updates may also modify or delete in their entirety certain features and functionality of the App. You agree that MyEyes has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of the App. Based on your Mobile Device settings, when your Mobile Device is connected to the Internet, either (a) the App will automatically download and install all available Updates, or (b) you may receive notice of or be prompted to download and install available Updates. You agree to promptly download and install all Updates and acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the App and will be subject to these Terms.
13.2 Apple App Store Terms
The following additional terms and conditions apply to your use of the App on an Apple, Inc. ("Apple") iOS-powered Mobile Device. You and MyEyes acknowledge that these Terms are concluded between you and MyEyes only, and not with Apple, and that Apple is not responsible for the App or the content thereof. You agree that your license to use the App is limited to the Apple iOS Mobile Device that you own or control and that your use of the App shall be subject to the usage rules set forth in Apple's then-current App Store Terms of Service. You and MyEyes acknowledge that Apple shall have no obligation to provide maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may contact Apple and Apple will refund the purchase price for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Please note that MyEyes has disclaimed all warranties with respect to the App—see Section 7 (Disclaimers). You and MyEyes acknowledge that Apple shall have no responsibility for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation. If a third party claims that the App or your possession and use of the App infringes a third party's intellectual property rights, Apple is not responsible for the investigation, defense, settlement, or discharge of any such intellectual property infringement claim. You agree to comply with all applicable third-party terms of agreement when using the App. You and MyEyes acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
13.3 Google Play Store Terms
The following additional terms and conditions apply to your use of the App downloaded from the Google Play Store. You and MyEyes acknowledge that these Terms are concluded between you and MyEyes only, and not with Google LLC or any of its affiliates ("Google"), and that Google is not responsible for the App or the content thereof. Your use of the App must comply with Google's then-current Google Play Terms of Service (the "Play ToS"). You and MyEyes acknowledge that Google has no obligation to provide maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, Google shall have no warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty shall be the sole responsibility of MyEyes, subject to the disclaimers set forth in Section 7 and the limitations set forth in Section 8. You and MyEyes acknowledge that Google shall have no responsibility for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation. If a third party claims that the App or your possession and use of the App infringes a third party's intellectual property rights, Google is not responsible for the investigation, defense, settlement, or discharge of any such intellectual property infringement claim. You acknowledge and agree that Google, as a provider of the Google Play Store through which the App is distributed, is an intended third-party beneficiary of these Terms solely with respect to the provisions of these Terms that directly concern the App, and solely for the purpose of enabling Google to enforce its rights with respect thereto. For the avoidance of doubt, nothing in these Terms confers a third-party beneficiary right upon Google with respect to any provision that does not directly concern the App. You acknowledge that Google may automatically deliver updates to the App, and that Google may, irrespective of your update settings, force updates that address critical security vulnerabilities or critical operability issues. You further acknowledge that Google may, in its sole discretion, remove the App from your Device, block installation of the App, or disable access to the App if Google determines that the App is harmful to devices, data, or users, or otherwise violates the Play ToS or applicable law. Google's exercise of any such right is independent of MyEyes and MyEyes shall have no liability to you for any action taken by Google with respect to the App or your access thereto.
13.4 Third-Party Data and Carrier Fees
You are solely responsible for any access, data, or other fees and charges incurred from third parties (such as your Internet service provider or mobile carrier) in connection with your download, installation, and use of the App. MyEyes is not responsible for any such third-party fees or charges.
14. Miscellaneous
14.1 Entire Agreement
These Terms, together with the Privacy Policy and any other agreements or policies referenced herein, constitute the entire agreement between you and MyEyes with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and MyEyes.
14.2 Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, such provision shall be modified and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions shall continue in full force and effect.
14.3 Waiver
The failure of MyEyes to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
14.4 Assignment
You may not assign or transfer these Terms or any rights or obligations hereunder without the prior written consent of MyEyes. MyEyes may freely assign these Terms without restriction.
14.5 Contact Information
If you have questions about these Terms, please contact us at:
MyEyes, Corporation2681 E Parleys Way, Suite 204
Salt Lake City UT 84109
By using the Site, the App, or the Services, you acknowledge that you have read and understood these Terms and agree to be bound by them. In particular, you acknowledge that you have read and understand the binding arbitration provision and class action waiver in Section 12, and that you agree to resolve disputes with MyEyes on an individual basis through binding arbitration, except as otherwise provided in Section 12.4, and subject to your right to opt out under Section 12.5.