Terms of Service

1. Acceptance of Terms

Vision Care Management Inc ("Eyebrowse", "we", "our", or "us") provides the kiosks, software, APIs, and support services described in these Terms of Service ("Terms"). By accessing or using any part of the Services you agree to be bound by these Terms.

If you are using the Services on behalf of an organization, you represent and warrant that you have authority to bind that organization and that it agrees to these Terms.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICES.

2. Eligibility & Accounts

You must be at least 18 years old (or the age of majority in your jurisdiction) to create an account. Minors may use the Services only with supervision from a parent, guardian, or qualified eye-care professional.

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

3. Description of Services

Eyebrowse provides AI-assisted vision measurement hardware, order management workflows, analytics dashboards, and integration APIs. Certain features may require an active subscription, compatible hardware, or a valid prescription.

We continually improve the Services and may modify or discontinue features with advance notice where practical. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Services.

4. Professional & Medical Disclaimers

THE SERVICES ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.

Eyebrowse is an optical retail and software platform unless a separate written agreement expressly states otherwise. Use of the Services does not create a doctor-patient relationship with Eyebrowse.

• The Services do not diagnose disease or replace comprehensive eye exams performed by qualified professionals.
• Any prescription, measurement, or fit information surfaced by our kiosks or software is informational and should be confirmed by an optometrist, ophthalmologist, or other qualified eye-care professional before clinical use.
• The Services are not intended for emergencies, urgent eye symptoms, or acute medical concerns.
• You remain responsible for complying with all laws and professional obligations applicable to the practice of optometry or optical retail.
• If you prescribe, verify, dispense, or fulfill eyewear or contact lenses, you are responsible for complying with applicable prescription-release, prescription-verification, professional-licensure, and consumer-protection rules.
• Always seek the advice of a qualified eye-care professional with any questions you may have regarding a medical condition or treatment.

5. Orders, Payments, and Subscriptions

Payments

• You authorize us and our secure checkout providers to charge your selected payment method for orders, subscriptions, or usage fees.
• Prices are displayed in U.S. dollars unless otherwise specified and may change with reasonable prior notice.
• If you do not agree to new prices, you must cancel your subscription prior to the effective date of the price change.
• All payments are non-refundable except as expressly set forth in Section 6 (Returns, Refunds, and Cancellations).

Subscriptions

• Subscription services automatically renew at the end of each billing period unless you cancel before the renewal date.
• You may cancel your subscription at any time through your account settings or by contacting support.
• Cancellation takes effect at the end of the current billing period; you will retain access until then.

Order fulfillment

• Order fulfillment dates are estimates and not guarantees.
• We will notify you of material delays or if we cannot complete an order after accepting payment.
• Title and risk of loss for physical products pass to you upon delivery to the carrier.

6. Returns, Refunds, and Cancellations

We want you to be satisfied with your purchase. Our return policy is as follows:

Eyewear returns

• Prescription eyewear may be returned within thirty (30) days of delivery if it does not meet your prescription requirements or has a manufacturing defect.
• Non-prescription items (e.g., frames without lenses, accessories) may be returned within fourteen (14) days if unused and in original packaging.
• Custom or personalized items are non-returnable unless defective.
• To initiate a return, contact info@eyebrowseai.com with your order number.

Refund processing

• Approved refunds will be credited to your original payment method within ten (10) business days.
• Shipping costs are non-refundable unless the return is due to our error or a defective product.
• We reserve the right to refuse returns that do not meet these conditions.

Subscription cancellations

• You may cancel a subscription at any time; cancellation takes effect at the end of the current billing period.
• Refunds for partial subscription periods are not provided.

7. Acceptable Use & Prohibited Conduct

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to:

We reserve the right to suspend or terminate access immediately for violations of these acceptable use rules, without prior notice or liability.

• Attempt to reverse engineer, decompile, disassemble, or tamper with kiosk hardware, software, or security controls.
• Upload, transmit, or distribute unlawful, infringing, defamatory, obscene, or harmful content.
• Use the Services to develop a competing product or harvest data outside of approved integrations.
• Interfere with or disrupt the integrity or performance of the Services or related systems.
• Attempt to gain unauthorized access to any portion of the Services or any systems connected to the Services.
• Use any automated means (bots, scrapers, etc.) to access the Services without our express written permission.
• Impersonate any person or entity or misrepresent your affiliation with any person or entity.

8. Intellectual Property

Vision Care Management Inc retains all rights, title, and interest in and to the Services, including all source code, software, firmware, AI models, algorithms, workflows, product designs, documentation, copy, trademarks, branding, trade secrets, and other proprietary materials ("Eyebrowse IP"). Nothing in these Terms transfers ownership of any Eyebrowse IP to you.

Subject to your compliance with these Terms, we grant you limited, non-exclusive, non-transferable, revocable permission to access and use the Services for their intended purpose.

No rights are granted to copy, reproduce, scrape, mirror, benchmark for competitive purposes, train models on, modify, translate, reverse engineer, decompile, disassemble, or create derivative works from the Services except where applicable law prohibits this restriction.

Feedback, suggestions, or ideas you provide regarding the Services may be used by us without restriction, attribution, or compensation. You hereby assign to us all rights in such feedback.

Third-party software, services, data, and open-source packages remain subject to their respective owners and license terms.

9. Confidentiality & Data Security

Each party agrees to protect confidential information disclosed by the other party using reasonable measures and to use such information only as necessary to perform under these Terms.

If the Services process protected health information, business-customer data, or other regulated information on behalf of a covered entity, practice, lab, or similar partner, the applicable Business Associate Agreement, data processing addendum, order form, or written security exhibit governs that processing to the extent it conflicts with these general Terms.

Eyebrowse implements administrative, technical, and physical safeguards designed to protect personal information processed through the Services. Additional privacy disclosures are outlined in our Privacy Policy.

You acknowledge that no data transmission over the Internet or electronic storage is completely secure, and we cannot guarantee absolute security of your data.

10. Hardware Warranty (Kiosks)

For business customers who purchase or lease Eyebrowse hardware:

• Hardware is warranted against defects in materials and workmanship for a period of one (1) year from the date of delivery ("Warranty Period").
• During the Warranty Period, we will repair or replace (at our option) any hardware that proves defective under normal use, at no charge for parts or labor.
• This warranty does not cover damage caused by accident, misuse, modification, improper installation, unauthorized repair, or normal wear and tear.
• Warranty service requires you to contact support, obtain a return authorization, and ship the hardware to our designated service center (we will reimburse reasonable shipping costs for valid warranty claims).
• EXCEPT FOR THE EXPRESS WARRANTY ABOVE, WE MAKE NO OTHER WARRANTIES REGARDING HARDWARE, EXPRESS OR IMPLIED.

11. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
• WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
• WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
• WE DO NOT WARRANT THAT MEASUREMENTS, RECOMMENDATIONS, OR RESULTS OBTAINED FROM THE SERVICES WILL BE ACCURATE OR RELIABLE OR WILL MEET YOUR REQUIREMENTS.
• NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SERVICES CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

• OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) FIVE HUNDRED DOLLARS ($500).
• WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES.
• THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

13. Indemnification

You agree to indemnify, defend, and hold harmless Vision Care Management Inc, its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Services or any activity under your account.
• Your breach of these Terms or violation of any applicable law.
• Your violation of any third-party rights, including intellectual property or privacy rights.
• Any content you submit, post, or transmit through the Services.

14. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of Delaware, without regard to conflict of laws provisions.

Informal resolution

• Before filing any formal dispute, you agree to contact us at info@eyebrowseai.com to attempt to resolve the dispute informally for at least thirty (30) days.

Binding arbitration

• Any dispute not resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.
• The arbitration shall take place in Wilmington, Delaware, or another mutually agreed location.
• The arbitrator's decision shall be final and binding, and judgment may be entered in any court of competent jurisdiction.
• Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm.

15. Class Action Waiver

YOU AND EYEBROWSE AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

If this class action waiver is found to be unenforceable, then the entirety of the arbitration agreement shall be null and void, and disputes shall be resolved in court.

You may opt out of this arbitration agreement and class action waiver by sending written notice to info@eyebrowseai.com within thirty (30) days of first accepting these Terms.

16. SMS Notifications & Consent

We provide optional SMS alerts for multi-factor authentication, account security, and order updates. By checking the consent box on the Eyebrowse web form, tapping "Agree & Subscribe" on a kiosk, or replying "YES" to our initial invite text, you authorize us to send recurring transactional messages to the supplied number.

• Message frequency depends on account activity. Message and data rates may apply.
• Reply STOP to opt out of SMS messages at any time or HELP for assistance.
• You can also revoke consent through support. SMS consent is not required to complete a purchase.
• We do not share your phone number with third parties for marketing purposes.

17. Termination

We may suspend or terminate your access to the Services at any time, with or without cause, with or without notice. Upon termination:

• Your right to use the Services immediately ceases.
• We may delete your account and any data associated with it, subject to our data retention policies and legal obligations.
• Provisions that by their nature should survive termination shall survive, including but not limited to intellectual property rights, disclaimers, limitations of liability, indemnification, and dispute resolution.
• You may terminate your account at any time by contacting support or using account settings.

18. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, labor disputes, government actions, power failures, internet outages, or pandemics.

The affected party shall give prompt notice to the other party and use reasonable efforts to mitigate the impact. If the force majeure event continues for more than sixty (60) days, either party may terminate the affected services without liability.

19. Export Compliance

The Services may be subject to U.S. export control laws and regulations. You agree to comply with all applicable export and re-export restrictions and not to transfer the Services or any technical data to any prohibited country, entity, or person.

You represent and warrant that you are not located in, under the control of, or a national or resident of any country subject to U.S. embargo or trade restrictions.

20. Changes to These Terms

We may update these Terms to reflect changes to the Services, legal requirements, or business practices. When we make material changes, we will:

• Post the updated Terms on this page with a new effective date.
• Provide notice through email or in-app notification at least thirty (30) days prior to the new Terms taking effect.
• For changes that materially reduce your rights, give you the option to reject the new Terms by terminating your account.

Continued use of the Services after the effective date of updated Terms constitutes acceptance of the revised agreement.

21. General Provisions

Entire Agreement

• These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Eyebrowse regarding the Services and supersede all prior agreements and understandings.

Severability

• If any provision of these Terms is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.

Waiver

• Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative.

Assignment

• You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

Notices

• We may provide notices to you via email, in-app notifications, or by posting on the Services. Notices to us should be sent to info@eyebrowseai.com.

Headings

• Section headings are for convenience only and have no legal or contractual effect.

22. Contact

Questions about these Terms, requests for copies of historic versions, or legal notices may be sent to our legal team. We aim to respond within five (5) business days.

Contact: Use our contact form