iSee Life (the "Publisher") app (the "App") is a mobile platform for the Publisher’s users like you ("you", and "your") that enables you to access Publisher-related content alongside social and interactive features.
These Terms of Service ("Terms") and the associated Privacy Policy apply to your use of the App. The Publisher is also the Data Controller for the purposes of any personal data you provide. For information on how we and the Publisher (as "Data Controller") use your personal data, please see the associated Privacy Policy.
You must review and accept these Terms before you can use the App. Unless otherwise specified in the App details on the applicable App Store, to use the App you must be 18 or older (or be 12 or older and have your parent or guardian's consent).
We license use of the App to you based on these Terms and subject to any rules or policies applied by any App store provider or operator from whose platform you download the App ("App Store"). We do not sell the App to you. We always remain owners of the App, but please note that the content provided by the Publisher via the App is owned by and remains the responsibility of the Publisher.
The App is intended to provide general information only and, as such, should not be considered as a substitute for advice covering any specific situation. You should seek appropriate advice from your medical eye care professional before taking or refraining from taking any action in reliance on any information contained in the App. THE APP IS IN NO WAY TO BE CONSIDERED OR USED AS A REPLACEMENT FOR PROFESSIONAL MEDICAL ADVICE FROM QUALIFIED EYE CARE OR HEALTHCARE PROFESSIONAL.
These App Terms incorporate Apple’s terms and conditions and privacy policies ("Platform Terms"). If there is any conflict between these App Terms and the Platform Terms then these App Terms will prevail.
We may occasionally make changes to the App or these Terms. If we do, we will notify you either by updating the Effective Date of these Terms listed above orvia the App. You must accept App related changes to continue using the App. If you do not agree to any changes to the App or these Terms, or related Privacy Policy, you must immediately uninstall the App and discontinue its use.
We may issue updates to the App via the App Store, as well as change the functionality of the App without limitation and prior notice. Depending on the update, you may not be able to use the App until you have downloaded the latest version of the App and reviewed and accepted any new terms.
You may access the App by downloading and installing the App to your device from the App Store. Although we are working to ensure that the App is compatible across various devices, we cannot guarantee that the App will work with all devices. You should check the minimum requirements and specifications (including memory space and operating system) as set out in the App details on the applicable App Store before downloading the App. We will endeavor to support the two most recent versions of the operating systems available in the market. To download the App, you will need a valid App Store account (as applicable to your device).
It is your responsibility to ensure that you can comply with the relevant system requirements as described above. We accept no responsibility for any lack of functionality that is due to your equipment (including your device, internet connection, operating system or settings and software). Access to parts or all the App and any or all content on the App may be restricted from time to time to allow for repairs, maintenance or updating.
It is your responsibility to pay for all costs and expenses (including all telephone call or line charges or Internet service data access) that you may incur using the App.
Your use of the App and enjoyment of its features and content hosted or made available through the App may vary in functionality, availability and quality depending on the type of device and operating system and any restrictions imposed by our content providers.
In consideration of you complying with these Terms, we grant you a non-transferable, non-exclusive, revocable license to use the App on your device(s) and to view the content contained on the App for your personal, non-commercial use, subject to and in accordance with these Terms of Service, the Privacy Policy, and the applicable App Store rules, which are incorporated into these Terms of Service by reference.
You agree:
a. that you will not use the App for any illegal purpose or in any way that interrupts, damages or impairs the service provided by the App;
b. that you will not access or attempt to access the accounts of other users of the App;
d. not to post or transmit through the App any content which is or could reasonably be viewed as:
i. hate speech, obscene, harassing, threatening, pornographic, abusive or defamatory to an individual or group of individuals on the basis of religious belief, race, gender, age, disability or otherwise;
ii. inciting violence or containing nudity or graphic or gratuitous violence;
iii. an unauthorized commercial communication of any kind (including, without limitation, spam);
iv. fraudulent, inaccurate, or misleading, or is otherwise objectionable content of any kind;
v. infringing or violating someone else’s rights or otherwise violates the law;
vi. identifying any person without their consent or disclosing anyone else’s personal contact details or invading their privacy, or
vii. containing software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the App, or any computer software or hardware or telecommunications equipment.
e. that any content you post or upload to the App or otherwise make available via the App is owned by you and does not breach the requirements set out in section 4(d)(i)-(vii) above;
f. to refrain from doing anything which is defamatory, offensive, damaging or which we believe might damage our reputation, or that of the App, a provider of services accessed through the App, or the Publisher;
g. not to copy the App or any content on the App except where such copying is incidental to the normal non-commercial use of the App, or where it is necessary for the purpose of back-up or operational security;
h. not to make alterations to, or modifications of, the whole or any part of the App or any content on the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
i. not to infringe our intellectual property or the Publisher’s or our other licensors’ intellectual property in relation to your use of the App;
j. that you will not upload other users’ content or information, or otherwise access the App, using automated means (such as harvesting bots, robots, spiders or scraping techniques) or otherwise, without our prior written permission;
k. that any content you upload or post to the App will be considered non-confidential and non-proprietary. You will own your content, but you hereby grant us, our licensee’s and any third parties and other users of the App (each as we determine) a perpetual, irrevocable, royalty-free, transferrable, sub-licensable, worldwide license to use, store and copy that content and to distribute it and make it available to third parties via any and all media, including, without limitation, the right for us to upload and make available and to authorize third parties to upload and make available such content on third party sites and services, including social media applications and channels such as Facebook, Instagram and on the Publisher’s own websites;
l. that you waive any moral rights or equivalent rights in any jurisdiction in relation to any content that you upload to the App and that we can use such content without referencing you as the author of such work and that we can adapt and amend such content in our sole discretion;
m. to compensate and defend us fully against any claims or legal proceedings brought against us by any person as a result of your breach of these Terms;
n. to keep your password secure at all times and not to disclose your password to any other person;
o. not to allow any other person to use or access your account; and
p. to comply with all laws applicable to you.
To monitor the use and the content of the App, specifically the compliance with the Section 6, the Publisher detects explicit content and rejects such attempts, as well as flags the user profile. If the user attempts to upload such content several times, the Publisher reserves the right to suspend or delete the user’s profile on iSee Life App.
We may terminate these Terms and close your account at any time without notice if we cease to provide the App.
In addition to our right to remove any content from the App, we reserve the right to suspend, restrict or terminate your access to the App at any time without notice if we have reasonable grounds to believe you have breached any of these Terms. We also reserve the right to disable your account at our reasonable discretion. Suspension, restriction, or termination of your access to the App will not limit our right to take any other action against you that we consider appropriate.
In case of terminating or closing your account, the subscription payments are not reimbursed.
You may close your account and terminate your agreement with us at any time by emailing us at [email protected]
You acknowledge that the App, the content provided on the App and all copyrights, patents, trademarks, trade secrets, source code, object code and other intellectual property associated therewith are, and shall remain, the property of us or our licensors. You are not granted any intellectual property rights in or to the App or the content on the App except as expressly set out in these Terms. You are not authorized to use our or the Publisher’s logos or trademarks or trade names (whether registered or unregistered) in any manner. You may only use the App for personal, non-commercial purposes.
We also use third party services such as Apple, Google, Facebook and RevenueCat.
The service and content provided through the App and the App itself are our property or the property of our licensors.
You are strictly only entitled to use the App, and consume content made available through the App, in accordance with these Terms.
The App and any other software made available to you via the App is licensed (not sold) to you, meaning that we or our licensors continue to own all copies of the App and other software when it is installed on your device. We may freely assign these Terms or any part of them, but you may not assign your rights under these Terms, or any part of them, nor may you sub-license your rights under these Terms, to any third party.
These terms do not grant you any rights to use any of our, our licensors’ or the Publisher’s intellectual property, such as trademarks, domain names, logos or other branded features, which belong to us and our licensors respectively.
We respect the intellectual property rights of others and expect users of the App to do the same. As part of the functionality of the App we may allow you and other users to upload, transmit, send content, data, ideas, communications and other materials to the App ("User Generated Content"). You represent and warrant that you own or may or may not control all rights in and to your User Generated Content and have the right to grant the license granted above to us and our affiliates and our service providers, and each of their and our respective licensees, successors and assigns. We are under no obligation to, and we do not, review such materials for the purposes of determining copyright infringement. Because we have no control over User Generated Content (such as uploaded profile photo, or image of glasse’s prescription), you acknowledge and agree that we are not responsible for the accuracy or availability of User Generated Content, and we neither endorse nor are responsible or liable for any User Generated Content that appears on the App. We shall have the right (but not the obligation) to delete, remove, monitor, or edit User Generated Content and block links to the App through technological or other means without prior notice.
We also have the right to moderate User Generated Content and user accounts based on these Terms. We also reserve the right to terminate access to the App if we believe a user is posting infringing material or if a user has breached our Terms.
Generally. If you choose to purchase iSee Life Plus, payment will be charged to your iTunes account after the free trial period until you cancel. After your initial subscription commitment period, and again after any other subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed when subscribing.
Automatic renewal. Subscriptions are automatically renewed until you terminate or cancel the subscription. When you purchase an iSee Life Plus subscription your iTunes account will continue to be billed monthly within 24 hours prior to the end of the current period.
Objections to a payment already made should be directed to the relevant third party account, i.e., iTunes. NB! You are still obligated to pay any outstanding amounts.
If you want to change or terminate your subscription after the purchase, you may do so by log in to your iTunes Store and by going to settings and following instructions to change or terminate your subscription. If you terminate or cancel your subscription, you may use the iSee Life Plus until the end of then-current subscription term, and your subscription will not be renewed after your then-current term expires.
iSee Life Plus starts at 7.99 USD/month, and 1 month, 6 months and 12 months packages are available. Prices are in USD dollars, may vary in countries other than the US and are subject to change without prior notice. No cancellation of the current subscription is allowed during the active subscription period. If you don't purchase iSee Life Plus, you can simply continue using iSee Life for free without premium features.
Refund. Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods. We may make an exception if a refund for a subscription offering is requested within fourteen days of the transaction date, or if the laws applicable in your jurisdiction provide for refunds.
For subscribers residing in the EU or European Economic Area—in accordance with local law, you are entitled to a full refund without stating the reason during the 14 days after the subscription begins. Please note that this 14-day period commences when the subscription starts.
To request a refund. If you made a purchase using your Apple ID, refunds are handled by Apple, not iSee Life. To request a refund, go to iTunes, click on your Apple ID, select "Purchase history", find the transaction and hit "Report Problem". You can also submit a request at https://getsupport.apple.com.
Pricing. iSee Life can frequently offer promotional rates that can vary based on region, length of subscription, bundle size and more. We also regularly test new features and payment options.
For information on how we and the Publisher (as Data Controller) use your personal data, please see the associated Privacy Policy.
NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY RESULTING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF iSEE LIFE OR FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF iSEE LIFE.
We are not responsible for:
a. losses, damage, costs or expenses not caused by our breach of these terms;
b. damages caused by error, omission, interruption, defect, failure of performance, unauthorised use, delay in operation or transmission, line failure, computer virus, worm, Trojan horse or other harm of any Publisher or our licensors introduced to you through the App;
c. any indirect or consequential loss or damage which means a loss suffered by you which is a side effect of the main loss or damage and where we could not have anticipated that type of loss arising when you agreed to these terms; or
e. any harm, loss or damage suffered by you or anyone else if the App is interrupted, suspended or otherwise not provided to you or if we do not comply with these terms because of events beyond our control (for example, industrial disputes, technical difficulties, failure of or delays in communications networks, acts of terrorism or power failure).
You agree to indemnify, defend, and hold iSee Life (and iSee Life CEO, associates, and employees) harmless from any claim, demand, damages, or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the Services, or any breach by you of these Terms, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.
We do not endorse or take any responsibility for statements, or any content whatsoever transmitted through, or linked to from or via the App by third-party service providers. We are not responsible for any transaction you may enter with a third party via the App and it is up to you to decide whether to do so, or not.
THE APP AND THE SERVICE PROVIDED THROUGH IT IS PROVIDED WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND, ON AN "AS-IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, SUBJECT TO APPLICABLE LAW. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE APP, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY MATERIALS AVAILABLE THROUGH THE APP.
We have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
You acknowledge and accept that your access to the App is dependent on connectivity over communications networks and facilities that are outside of our operation and/or control and that your use of the App may be subject to limitations, delays and other problems inherent in the use of such networks and facilities.
We disclaim all warranties with respect to the App including, but not limited to, the warranties of non-infringement and title. We give no warranty that your use of the App will be uninterrupted or error free, that the information obtained from the App will be accurate, complete, current, or reliable, that the quality of the App will be satisfactory to you, or that errors or defects will be corrected. You acknowledge and accept that we are not responsible for any loss or damage of any kind that you may suffer because of any interruption or delay to your access to the App, or because of any failure or error in the transfer of data over those networks and facilities in connection with your use of the App.
The App includes links to the websites with scientific research publications that are provided by a third party. We do not control such third-party sites or services and are not responsible for the content of such sites or services. Our inclusion of links does not imply any endorsement or association with their operators. The terms applicable to use of that third party service will apply and we will not be responsible for anything that is done or not done by you or the third-party service provider in connection with your use of their service. We recommend that you check the applicable third-party service’s terms and conditions of use and sale before using such third-party service or purchasing any products or services.
If any provision (or part of a provision) of these App Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
To contact the Publisher, please write to: [email protected]
If a dispute arises between you and iSee Life, we strongly encourage you to first contact our customer support at [email protected] to seek a resolution. All disputes between you and iSee Life shall be governed by the laws of Latvia, without regard to conflict of law provisions. You agree that any claim or dispute you may have against iSee Life must be resolved exclusively by a court located in Riga, Latvia.
The above paragraph does not limit your statutory rights. Consumer protection legislation applicable to you may allow you to bring your claim or dispute to a different court.
If you are a resident of the European Union, you may have the right to bring your claim or dispute to an Online Dispute Resolution body. More information on this can be found at https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.
You may not transfer your rights or obligations under these Terms to anyone else.
If you breach these Terms and we take no action against you, or if we delay in doing so, that will not mean that we have waived our rights against you and we will still be entitled to enforce our rights and remedies against you in relation to that breach and to use our rights and remedies in any other situation where you breach these Terms.
If any part of these Terms is disallowed or found to be ineffective by any court or regulator, the remainder of the Terms will continue to govern each of our respective obligations.
These Terms are not intended to give rights to anyone except you and us.
Except as otherwise expressly stated, these Terms and our Privacy Policy contain the entire agreement between us, the Publisher and you relating to use of the App and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between us, the Publisher and you relating to use of the App.