KeepYourSight (KYS) Terms of Service
KYS VISIONPRO ACCOUNT SUBSCRIPTION FOR DOCTORS AND CLINICS
KYS VISION ACCOUNT ACCESS FOR PATIENTS
The website located at wordpress-446625-1453096.cloudwaysapps.com (the "Site") belongs to KeepYourSight, Inc. ("KYS", "we" or "us"). As provided below, KYS grants you the right to use the Site, our software applications, including without limitation Macustat, Peristat and other vision testing applications (collectively "Software," or "App"), and services provided through the Site or Software (together, the "KYS Service"), subject to the terms and conditions of use ("Terms of Service" or "Terms") set forth below. The term "you" refers to the person visiting the Site.
THE KYS SERVICE IS AVAILABLE TO KYS USERS IN THE UNITED STATES OF AMERICA AND THE REST OF THE WORLD. THE KYS SERVICE IS INTENDED ONLY TO RECORD, DISPLAY, STORE, AND TRANSMIT VISUAL FUNCITON DATA ("VISION DATA"). YOU, AS THE USER OF THE KYS SERVICE, ARE RESPONSIBLE FOR THE VISION DATA RECORDED AND STORED BY THE KYS SERVICE. THE KYS SERVICE IS NOT INTENDED TO DIAGNOSE ANY MEDICAL CONDITION OR AUTOMATICALLY ALERT HEALTHCARE PROFESSIONALS OR PATIENTS TO POTENTIALLY SERIOUS MEDICAL CONDITIONS OR ABNORMAL VISION PROBLEMS. THE KYS SERVICE IS NOT INTENDED FOR COUNTINUOUS MONITORING AND WE DO NOT GUARANTEE A RESPONSE BY ANY PHYSICIAN(S) TO MESSAGES POSTED OR MEDICAL EVENTS REPORTED THROUGH THE KYS SERVICE. ALTHOUGH KYS MAY ENABLE YOU TO USE AN OPTIONAL TEST INTERPRETATION OF THE KYS SERVICE OR CONNECT YOUR ACCOUNT TO YOUR HEALTHCARE PROVIDER THROUGH OUR KYS PRO SERVICE, KYS DOES NOT AUTOMATICALLY REVIEW, MONITOR, EVALUATE, OR ANALYZE ANY INFORMATION GENERATED FROM THE KYS SERVICE. IT IS YOUR RESPONSIBILITY TO SHARE YOUR MEDICAL DATA WITH YOUR PHYSICIAN FOR PROPER ANALYSIS AND DIAGNOSIS.
Unless you are a consumer located in a jurisdiction that prohibits the exclusive use of arbitration for dispute resolution, these Terms provide that all disputes between you and KYS will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action. Please review Section 24 ("Dispute Resolution and Arbitration") for the details regarding your agreement to arbitrate any disputes with KYS.
Subject to the restrictions set forth in these Terms, KYS grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the App in object code format on devices that you own or control, solely for use with the KYS Services. By downloading or using our app(s), you:
You agree to pay for any and all royalties, fees, or other monies owing any person by reason of User Content you post on or through the KYS Service.
If you believe that any User Content does not conform to these Terms, please notify us.
We comply with the provisions of the Digital Millennium Copyright Act (the "DMCA") applicable to our operations (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the KYS Service, you may contact our designated agent.
Please note that under applicable law, if you knowingly give false, misleading or inaccurate information that User Consent is infringing, you may be subject to civil or criminal penalty.
Any notice under the Digital Millennium Copyright Act (the "DMCA") alleging that materials hosted by or distributed through the KYS Service infringe intellectual property rights must include all of the information required by the DMCA for such notices.
THE KYS SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE KYS SERVICE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE KYS ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE KYS SERVICE, ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE KYS SERVICE, AND ANY SOFTWARE OR HARDWARE ASSOCIATED OR USED WITH THE KYS SERVICE, OR THE AVAILABILITY OF ANY OF THE FOREGOING, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE; AND (c) ANY WARRANTY AS TO WHETHER THE VISION DATA OR OTHER INFORMATION AVAILABLE ON OR TRANSMITTED BY THE KYS SERVICE IS TRUE, COMPLETE OR ACCURATE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT KYS IS NOT RESPONSIBLE FOR ANY HEALTHCARE OR RELATED DECISIONS MADE BY YOU OR YOUR HEALTHCARE PROFESSIONAL BASED UPON DATA COLLECTED, TRANSMITTED OR DISPLAYED BY OR ON THE KYS SERVICE, WHETHER SUCH DATA IS ACCURATE OR INACCURATE. THE KYS ENTITIES DO NOT WARRANT THAT THE KYS SERVICE OR ANY PORTION OF THE KYS SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE KYS SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE KYS SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE KYS SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE KYS ENTITIES OR THE KYS SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE KYS SERVICE, YOUR DEALING WITH ANY OTHER KYS SERVICE USER, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE KYS SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE KYS SERVICE, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE KYS SERVICE AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE KYS SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE KYS SERVICE OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT.
THE ABOVE PARAGRAPHS APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES, IN PARTICULAR A DISCLAIMER OF WARRANTIES PROVIDED OR IMPLIED BY LAW, SUCH AS LEGAL GUARANTEES OF CONFORMITY FOR GOODS OFFERED TO CONSUMERS IN THE EU, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
IN NO EVENT WILL THE KYS ENTITIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE KYS SERVICE OR ANY MATERIALS OR CONTENT ON THE KYS SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY KYS ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. FOR THE AVOIDANCE OF DOUBT, THE EXCLUDED DAMAGES ALSO INCLUDE WITHOUT LIMITATION, LOSS OF SAVINGS OR REVENUE; LOSS OF PROFIT; LOSS OF USE; LOSS OF LIFE OR HEALTH, THE CLAIMS OF THIRD PARTIES; AND ANY COST OF ANY SUBSTITUTE EQUIPMENT OR SERVICES.
EXCEPT AS PROVIDED IN SECTION 241.E, IF KYS CANNOT LAWFULLY DISCLAIM LIABILITY FOR ANY OF THE FOREGOING DAMAGES, THEN THE AGGREGATE LIABILITY OF THE KYS ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE KYS SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF THE AMOUNTS YOU HAVE PAID TO USE THE KYS SERVICE OR $100, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN WHICH CASE SUCH LIMITATIONS SHALL APPLY TO YOU TO THE EXTENT PERMITTED IN SUCH JURISDICTION. FURTHERMORE, NOTHING IN THESE TERMS LIMITS OR EXCLUDES ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED BY LAW, SUCH AS LIABILITY FOR INTENTIONAL VIOLATION OF THESE TERMS. NOTHING IN THESE TERMS AFFECTS YOUR LEGAL RIGHTS AS A CONSUMER.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 20 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRE YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU MAY SEEK RELIEF FROM US.
Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND KYS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
The Information We Collect About You and How we use it
We do not sell any personal information collected from your use of the KYS Service.
We collect information directly from you, as well as automatically through your use of our Service. When you register to use the Service, we collect the personal information you provide us, including your name, email address, password, gender, height, and birthdate. We also collect any additional information you choose to add to your profile, including: weight, body mass index (BMI), whether you are a smoker or non-smoker, medical conditions, information related to medications you are taking, patient ID, and activity levels.
We process your information, including your personal information, for the following purposes:
How We Share Your Information
We may share your information, including personal information, as follows:
Security of My Personal Information
We have implemented reasonable precautions to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our best efforts, no data security measures can guarantee security.
You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.
Access to, Storage of and Deleting My Personal Information
You may access and modify personal information that you have submitted by logging into your account and updating your profile information. Please note that copies of information that you have updated, modified or deleted may remain viewable in cached and archived pages of the Service for a period of time. Your personal data including test data are stored and accessible on your device as well as in the cloud.
We store information associated with your account until your account is deleted. You can delete your account at any time by contacting Customer Support. Please note that it may take a bit of time to delete your account information, and we may preserve it for legal reasons or to prevent harm, including as described in the How Information Is Shared section.
Your California Privacy Rights.
More information regarding the: sources from which we collect personal information can be found above in the section titled "The Information We Collect About You"; business and commercial purposes for which we collect your personal information can be found above in the section titled "How We Use Your Information"; categories of recipients with whom personal information is shared or sold can be found in the section above titles "How We Share Your Information."
The Health Insurance Portability and Accountability Act of 1996 ("HIPAA") requires us to ask each of our patients to acknowledge receipt of our Notice of HIPAA Privacy Practices. The Notice is published on the KYS website. You acknowledge receipt of the Notice by clicking on the "I Acknowledge Receipt of the Notice of HIPAA Privacy Practices" button, or by indicating your acknowledgement in another written or digital manner provided. You can receive a copy of the Notice by asking for KYS , or by printing one from our website at any time.
Under HIPAA, KYS must take steps to protect the privacy of your "Protected Health Information" ("PHI"). PHI includes information that we have created or received regarding your health or payment for your health. It includes both your medical records and personal information such as your name, social security number, financial information, address, and phone number.
Under federal law, we are required to:
Except in the situations specifically required by law, we will use and disclose your PHI only with your written authorization. This means we will not use your PHI in the following cases, unless you give us written permission:
In some situations, federal and state laws provide special protections for specific kinds of PHI and require authorization from you before we can disclose that specially protected PHI. In these situations, we will comply with the more stringent state laws pertaining to such use or disclosure.
You have the right to:
We may also use PHI to send you appointment reminders and other communications relating to your care and treatment, or let you know about treatment alternatives or other health related services or benefits that may be of interest to you, via email, phone call, or text message.
If you choose to communicate with us via emails, texts or chats, you acknowledge that we may exchange PHI with you via email, text or chat, that email, text and certain chat functionality may not be a secure method of communication, and that you agree to the security risks of such communication. If you would prefer not to exchange PHI via email, text or chat, you can choose not to communicate with us via those means.
KYS may modify this Notice from time to time. The revised Notice will apply to all PHI that we maintain. We will make any such changes to this Notice by posting the revised Notice on our website. The date of the last update will be clearly indicated at the top of this Notice. Please review this Notice from time to time to ensure you are familiar with our HIPAA privacy practices.
If you have any questions about this Notice or would like an additional copy, please contact our Privacy Officer at email@example.com