Terms of Service
User Terms and Conditions
Last Updated: October 7, 2015
These User Terms and Conditions (the “Terms”) set forth the terms and conditions upon which DigiSight Technologies, Inc. (“DigiSight”) makes available to qualified users the SightBook ("SightBook"), Paxos Scope ("Scope"), and Paxos Checkup ("Checkup") applications, mobile applications that permit users to perform vision tests on mobile devices, and permit physicians to acquire anterior and posterior images of the eye, and the DigiSight web service that enables vision test results collected through SightBook, Checkup, and Scope and images collected through Scope to be uploaded to user accounts on the DigiSight website, https://www.digisight.net (the “Site”) (together with SightBook, Scope, and Checkup, the “Services”), and stored on and accessed through the Site.
You must be at least 13 years of age to access and/or use the Services, and You may not designate or permit anyone to access Your account who is not at least 13 years of age. By using the Services , You acknowledge and agree that You are a qualified user under this paragraph.
When vision test results collected through SightBook, Scope, or Checkup, or images collected through Scope are uploaded to Your account on the Site, You can access the information via an authenticated channel. You may use the Site to conveniently store Your personal health-related information, and You may authorize others, including a physician or other care taker, to have access to Your personal account.
LIMITED SCOPE OF DIGISIGHT SERVICES
The statements, materials, information and/or services provided on the Services have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure or prevent any disease. The statements, materials, information and/or services provided on the Services are designed for informational purposes and are not intended to be a substitute for informed medical advice, diagnosis, treatment, or care. DIGISIGHT DOES NOT OFFER MEDICAL ADVICE OR ENGAGE IN THE PRACTICE OF OPTOMETRY, OPHTHALMOLOGY OR MEDICINE, WILL NOT CONTACT YOU FOR ANY MEDICAL REASON, AND SPECIFICALLY, WILL NOT CONTACT YOU WHEN YOU EXPERIENCE A CHANGE IN YOUR VISION. If You experience a significant decrease in Your vision, You should not wait for someone to contact You but should contact Your eye doctor or physician. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING IT BECAUSE OF SOMETHING YOU LEARNED IN CONNECTION WITH SIGHTBOOK, SCOPE, OR CHECKUP, AND/OR THE SITE.
USER ACCOUNT, PASSWORD, PRIVACY AND SECURITY, AND USE OF INFORMATION
If You register with us, You must provide us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of Your password and account. Furthermore, You are entirely responsible for any and all activities that occur under Your account. You agree to notify DigiSight immediately of any unauthorized use of Your account or any other information. DigiSight will not be liable for any loss that You may incur as a result of someone else using Your password or account, either with or without Your knowledge. However, You could be held liable for losses incurred by DigiSight or another party due to someone else using Your account or password. You may not use anyone else's account at any time, without the express permission of the account holder.
USER GENERATED CONTENT
The Services allow You to submit Your own content, images, information, communications, recordings and other materials, including, without limitation, the results of quantitative vision tests (collectively referred to as “User Content”). You are solely responsible for Your User Content and may be held responsible for User Content that You provide. You must have the legal right to provide and upload all User Content, and You may not upload, provide or post any User Content through the Service that (i) violates this Agreement, including the Rules of Conduct set forth below; (ii) infringes the copyright, trademark, trade secret, or other intellectual property rights of a third party, (iii) violates any third party's right of privacy or right of publicity; or (d) violates any applicable law, rule, regulation or order.
If You are a health care provider, including a physician or physician’s staff member, and You will input information regarding a patient, You represent that You are inputting such information at the express request of the patient who is the subject of the information, and that You have received appropriate patient authorization, if required, to input such information. You also acknowledge and agree that DigiSight is collecting, using, storing, maintaining, or transmitting such information on behalf of and for the benefit of the patient who is the DigiSight account holder.
IRREVOCABLE LICENSE AND RIGHTS TO USER CONTENT
You hereby expressly acknowledge and agree that as between You and DigiSight, DigiSight and/or its licensors own all legal right, title and interest in all information otherwise displayed on the Services, including without limitation, text, pictures, sound, graphics, scripts, photos, software, designs, design rights, video, data, sounds, music, interactive features, other content, and all other proprietary rights contained therein including without limitation trademarks, service marks, logos, patent rights, copy rights, other proprietary material, marks or rights, know-how, concept, methods, techniques, ideas and all other intellectual property rights and rights of a similar character whether registered or capable of being registered. DigiSight reserves all rights not expressly granted in and to the Services and all information thereon.
NO WARRANTY / DISCLAIMER
The Services are provided "as is," "with all faults" and "as available," without warranties of any kind, express, statutory, implied or otherwise, including for merchantability, satisfactory quality, fitness for a particular purpose, workmanlike effort, and non-infringement. YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN DISCRETION AND RISK, AND YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICES. DIGISIGHT, ON BEHALF OF ITSELF AND ITS PARENT, SUBSIDIARIES, AFFILIATES, LICENSORS, DISTRIBUTORS, AGENTS, REPRESENTATIVES, AND THIRD-PARTY SERVICES PROVIDERS, INCLUDING ANY RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS THEREOF, AND ANY OF THE FOREGOING ENTITIES' RESPECTIVE OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, PARTNERS, CONTRACTORS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS: (A) EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR NON-MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATION CONTENT, OR SYSTEM INTEGRATION; (B) DOES NOT REPRESENT OR WARRANT THAT SIGHTBOOK, SCOPE, CHECKUP, AND/OR THE SITE WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED; (C) DOES NOT REPRESENT OR WARRANT THAT SIGHTBOOK, SCOPE, CHECKUP, AND/OR THE SITE OR ANY SERVICES OR CONTENTS THEREOF WILL MEET YOUR REQUIREMENTS; AND (D) DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES REGARDING THE USE OR THE RESULTS OF USING SIGHTBOOK, SCOPE, CHECKUP, AND/OR THE SITE OR ANY SERVICES OR CONTENT THEREIN, IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE.
LIMITED EXCEPTION TO DISCLAIMER
Some jurisdictions may not allow the exclusion or limitation of implied warranties or conditions, or allow limitations on how long an implied warranty lasts, so the above limitations or exclusions may not apply to You. In such event, DigiSight warranties and conditions with respect to the Services will be limited to the greatest extent permitted by applicable law in such jurisdiction.
DigiSight makes no representation that the Services are appropriate for export and use in locations outside the United States or any territory within the United States. You are responsible for compliance with all applicable laws, including local laws, and United States export laws including without limitation Export Administration Regulations maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department’s Office of Foreign Assets Control. By downloading or otherwise using or transferring any software, technology or other information from the Services in any manner whatsoever, You represent and warrant You may legally do so.
CODE OF CONDUCT; IMPROPER USE OF SIGHTBOOK, SCOPE, CHECKUP, and/or THE SITE
While using the Services, You will not, and will not induce any third party to: (i) use the Services in any way that is unlawful, harms DigiSight or any user of the Services or that otherwise violates the rights of any party and/or in a way that could overburden, or impair the Services and/or connected networks or systems; (ii) attempt to disable or circumvent any security mechanisms used by the Services or otherwise attempt to gain unauthorized access to any portion or feature of the Services, and/or connected networks or systems, and/or to any server used to operate or support the Services or its third party service providers, by hacking, password “mining,” “DDOSing,” and/or using any other illegal means; (iii) use any “deep-link,” “page-scrape,” “robot,” “spider,” or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the Services; (iv) use any device, software, instrumentality or routine to interrupt or interfere with, or attempt to interrupt or interfere with, the proper operation and working of the Services, or with any other person’s use of the Services; (v) breach any security measures implemented on the Services; (vi) track or seek to trace any information on any other person who visits the Services; (vii) use the Services and/or any information they provide for or in connection with any solicitation or illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, and/or in any way otherwise prohibited by this Agreement, applicable laws, rules and regulations, including without limitation laws applicable to the export of software and data; (viii) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of any proprietary software used to provide or maintain the Services and/or information contained therein, and/or any other code or information otherwise made available to You in connection with the Services; (ix) harass, threaten, embarrass, spam, or do anything else to another user that is unwanted; (x) post, transmit, or distribute any content that is harmful, abusive, hateful, racially, ethnically, religiously or otherwise offensive, obscene, threatening, bullying, vulgar, sexually explicit, defamatory, infringing, or invasive of personal privacy or publicity rights; (xi) use abusive, offensive, or defamatory screen names and/or personas; (xii) engage in disruptive behavior in any way with regard to the use of the Services ; (xiii) impersonate another person, indicate falsely that You are a DigiSight employee or representative, or attempt to mislead users by indicating that You represent DigiSight or any of DigiSight’s partners or affiliates; (xiv) attempt to get a password, account information, or other private information from anyone else on or through the Services ; (xv) post, transmit, or use any information from the Services for any advertising or promotional messaging, chain letters, pyramid schemes, or other commercial activities, including without limitation, any unsolicited advertising, promotional materials, or other forms of solicitation; and/or (xvi) use the Site, Service, or Site Information in any manner that otherwise violates this Agreement.
INTELLECTUAL PROPERTY RIGHTS
DigiSight respects the intellectual property of others and asks users of SightBook, Scope, or Checkup, and the Site to do the same. DigiSight reserves all rights to disable and/or terminate the accounts of users who repeatedly infringe the copyrights and/or other intellectual property rights of DigiSight or others.
COOPERATION WITH LAW ENFORCEMENT
DigiSight will fully co-operate with any law enforcement authorities or court order requesting or directing DigiSight to disclose the identity of and/or locate anyone who uses the Services in violation of any applicable laws or this Agreement.
MODIFICATIONS AND CHANGES
DigiSight reserves the right, at any time and without prior notice, to change or remove any part, term and/or condition of this Agreement; change the Services, including to eliminate, modify, or discontinue any content on or feature of the Services, restrict the hours of its availability or limit the use permitted, in any way; and/or to change any fees or charges for use of the Services, including to institute new or increased fees or charges for use of the Services or any feature thereof. DigiSight will notify You of changes to this Agreement and any fees or charges by changing the “Last Updated” date above, and by using any other means, including posting a notice on the Services that this Agreement has changed or sending an email to Your last email address of record, if provided to us. YOUR CONTINUED USE OF SIGHTBOOK, SCOPE, CHECKUP AND/OR THE SITE AFTER SUCH NOTICE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. YOUR SOLE REMEDY IF YOU DO NOT AGREE TO SUCH CHANGES IS TO DISCONTINUE USE OF SIGHTBOOK, SCOPE, CHECKUP AND THE SITE.
DMCA NOTICE OF INFRINGEMENT
If You are a copyright owner or an agent thereof and believe any Site Information infringes upon Your copyrights, You may submit a notification of claimed infringement under the Digital Millennium Copyright Act (“DMCA”) by providing notice to our Designated Copyright Agent (“Designated Copyright Agent”) containing the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of a copyright that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material; (iv) information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an electronic mail address; (v) a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. DigiSight’s Designated Copyright Agent to receive notifications of claimed infringement is:
DigiSight Copyright Agent
55 Hawthorne Street
San Francisco, CA 94105
Please send only DMCA notices to our Designated Copyright Agent. If You fail to comply with all of the above requirements, Your DMCA notice may not be valid.
You expressly agree that the maximum amount You may recover from DigiSight in connection with any suit or claim is your proven direct damages up to the amount You paid DigiSight for Your use of the Services. UNDER NO CIRCUMSTANCES WILL DIGISIGHT, ITS OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, CONSEQUENTIAL, OR OTHER SPECIAL LOSS OR OTHER DAMAGE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICES AND/OR ARISING FROM NEGLIGENCE, BREACH OF CONTRACT, DEFAMATION, INFRINGEMENT OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS, CAUSED BY THE EXHIBITION, DISTRIBUTION OR EXPLOITATION OF ANY INFORMATION OR CONTENT CONTAINED WITHIN ANY THIRD PARTY HYPERLINKED SITES, EVEN IF DIGISIGHT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions may not allow the exclusion or limitation of incidental, special, consequential, or other damages, so the above limitations or exclusions may not apply to You. In such event, DigiSight’s liability for such damages will be limited to the greatest extent permitted by applicable law in such jurisdiction.
Except as otherwise provided herein, You agree to indemnify, defend and hold harmless DigiSight, its officers, employees and agents from and against any and all claims or liability, including costs, attorney’s fees, fines and penalties, arising from or in connection with Your violation of this Agreement, Your User Content, Your use of the Services, and the use of any person or persons to whom you provide access to the Services. DigiSight reserves the right to assume, at its sole discretion, the exclusive defense and control of any matter subject to indemnification by You, in which event You will fully cooperate with DigiSight in asserting any available defenses.
INTERPRETING THIS AGREEMENT
All parts of this Agreement apply to the maximum extent permitted by relevant law. If a court holds that DigiSight cannot enforce a part of this Agreement as written, You and DigiSight will replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of this Agreement won't change. This is the entire agreement between You and us regarding the Services, and it supersedes any prior contract or oral or written statements. This Agreement’s section titles are provided only for reference and do not expand or limit its terms.
DigiSight may assign transfer, or otherwise dispose of any and all rights and obligations under this Agreement, in whole or in part, at any time without notice. You may not assign this Agreement or transfer any rights to use the Services.
NO THIRD PARTY BENEFICIARIES
This contract is solely for Your benefit and ours. It is not for the benefit of any other person, except for permitted successors.
TIME LIMITATION TO ASSERT CLAIMS
You must file any and all claims related to this contract or the services provided by or through the Services within one year of the date You could first bring the claim, unless Your local law requires a longer time to file claims. If claims are not filed on time, You will be permanently barred from pursuing them.
This Agreement is in electronic form, and YOUR USE OF THE SERVICES AND ELECTRONIC ACKNOWLEDGEMENT OF THE TERMS HEREIN CONSTITUTES YOUR FULL AGREEMENT HERETO. We may send You, in electronic form using the contact information you have provided, information about the Services, additional information, and information the law requires us to provide. Without limiting the forgoing, we may provide information to You by email at any email address You specified when You signed up for the Services or by access to the DigiSight web site that we identify. Notices emailed to You will be deemed given and received when the email is sent. If You do not consent to receive notices electronically, You must stop using the service.
GOVERNING LAW AND FORUM
These terms, and the interpretation, performance and enforcement of Your and DigiSight’s rights and duties, shall be construed in accordance with the laws of the State of California, except for the conflict or choice-of-law principles thereof. By using the Services, You agree to submit any and all disputes arising out of or relating to this Agreement to the exclusive jurisdiction of the state or federal courts located within 75 miles of Palo Alto, California, or, at DigiSight’s sole election, to binding arbitration before a single arbitrator pursuant to the JAMS commercial rules for arbitration, with such arbitration to take place in Palo Alto, California.
RIGHT TO OPT OUT OF ARBITRATION CLAUSE
Notwithstanding the above, You may choose to pursue a dispute in court and not by arbitration if YOU OPT OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”) by mailing written notification to 55 Hawthorne Street, Suite 410, San Francisco, CA 94105. Your written notification must include (1) Your name, (2) Your address, and (3) a clear statement that You do not wish to resolve disputes with DigiSight through arbitration. Your decision to opt-out of this provision will have no adverse effect on Your relationship with DigiSight. Any opt out request received after the Opt-Out Deadline will not be valid and You must pursue Your dispute in arbitration as set forth above.
JURISDICTION AND VENUE
In cases where contractual arbitration is not enforceable or You opt out as set forth above, any disputes that may arise concerning the formation, interpretation or performance of this Agreement that are not amicably resolved or resolved by arbitration shall be brought in California.
NO RIGHT TO JURY TRIAL
TO THE EXTENT NOT OTHERWISE PROHIBITED BY APPLICABLE LAW, THE PARTIES HERETO AGREE TO WAIVE TRIAL BY JURY WITH RESPECT TO ANY MATTER ARISING UNDER OR RELATING TO THIS AGREEMENT THAT ARE NOT RESOLVED BY ARBITRATION.
You agree that DigiSight, in its sole discretion, may terminate Your use of the Services and may remove and discard Your personal information for any reason if DigiSight believes that You have or may have violated or acted inconsistently with the letter and spirit of this Agreement. DigiSight may also in its sole discretion, at any time, discontinue providing the Services, or any parts thereof, with or without notice. You agree that any termination of Your access to the Services under any provision of this Agreement may be effected without prior notice to You, and You acknowledge and agree that DigiSight may bar You from accessing the Services . Further, You agree that DigiSight will not be liable to You and/or any third party for any termination of access to the Services .
Last Updated: November 12, 2015
SINGLE USER LICENSE
The Paxos Scope application is licensed for use by a single user, single device only.
PAXOS SCOPE HARDWARE AND SOFTWARE COUPLING
The Paxos Scope hardware is designed and intended for use only with the Paxos Scope application developed by and proprietary to DigiSight Technologies, Inc. In no event shall DigiSight Technologies be liable for any direct, indirect, punitive, incidental, special, or consequential damages, to property or life, arising out of or connected with the use by Purchaser of the Paxos Scope hardware without the use of the Paxos Scope application or by use of the Paxos Scope application other than with the Paxos Scope hardware. Purchaser, by Purchaser’s purchase of the Paxos Scope hardware and license to use the Paxos Scope application, agrees to use the Paxos Scope only with the Paxos Scope application and Purchaser assumes all risks associated with the use of the Paxos Scope hardware without the Paxos Scope application, and recognizes that such use may be a violation of federal or state law.
USE BY LICENSED HEALTH CARE PROFESSIONAL, US ONLY
The purchaser of this Paxos Scope unit, and to whom the Paxos Scope application is licensed ("Purchaser;" with such unit and software together referred to herein as the "Paxos Scope Product"), hereby represents and warrants to DigiSight, by executing and delivering this document, that the Purchaser is a an appropriately licensed health care professional in the United States and understands, and agrees with DigiSight, as a condition of DigiSight’s sale and license to Purchaser of the Paxos Scope Product, that (a) the Paxos Scope Product is intended for use, and will be used, only in the United States by appropriately licensed health care professionals, and (b) Purchaser will not use the Paxos Scope Product for any purpose outside the United States. DigiSight hereby disclaims liability for any use inconsistent with this agreement, and Purchaser acknowledges that DigiSight has entered into this transaction in reliance upon Purchaser’s representation, warranty, and agreement and upon this disclaimer.
PAXOS SCOPE HARDWARE SAFETY NOTICES
Emissions: The Paxos Scope device has been tested for emissions and shown to be well within the safety standards as outlined in IEC 60601-1-2:2007 (3rd edition). However, the user should be aware of a general warning provided by Apple regarding usage of their devices in close proximity to medical devices. For more information please go to Apple’s support site and review the manual for your specific device and operating system. An example of this can be found at http://help.apple.com/iphone/9/#/iph301fc905.
Oxygen Enriched Environments: The Paxos Scope device is not certified for use in oxygen enriched environments.
Mydriatic Agents: Use of the posterior adapter requires the patient’s eye to be dilated. It is the responsibility of the licensed health care professional, in using the Paxos Scope Product to assess and manage each individual patient as to the safety of using any particular mydriatic agent in connection with the Paxos Scope Product. DigiSight hereby disclaims any responsibility for any adverse reactions of a patient to the administering by such licensed health care professional of a mydriatic agent for the purposes of capturing a posterior image of such patient’s eye in connection with the use of the Paxos Scope Product.
Paxos Scope Shipping and Returns Policy
You can trust that your order will be quickly processed and safely delivered. Items in stock will typically ship out in 2-3 business days via FedEx. You should receive your order in 5-7 business days. Please note that products cannot be shipped to international destinations at this time. Paxos Scope is intended for use only in the United States by appropriately licensed health care professionals.
RETURNS AND CANCELLATIONS
If you are not satisfied for any reason, our return policy allows you to send back the product with cancellation of the software within 30 days of purchase for a full refund of the first month’s billing. Cancellation of Paxos software within the first 6 months from purchase requires return of the Paxos Scope adapter. Please submit an RMA (Return Merchandise Authorization) number request to email@example.com within 30 days of the date of purchase of the Product. Customer is responsible for shipping charges and loss/damage during transit to DigiSight.