GoEyes Terms & Conditions – Canada

Last revised: September 29, 2024

THIS TOOL AND THE SERVICES (EACH AS DEFINED BELOW) IS INTENDED FOR USE BY INDIVIDUALS WHO ARE IN GOOD HEALTH, BOTH VISUALLY AND PHYSICALLY. OUR CUSTOMER ELIGIBILITY CRITERIA IS SET FORTH BELOW AND MUST BE MET TO USE THIS TOOL. UNDER NO CIRCUMSTANCES SHOULD INDIVIDUALS EXPERIENCING MEDICAL EMERGENCIES, SIGNIFICANT HEALTH CONDITIONS, OR SIGNIFICANT HEALTH CONCERNS USE THIS TOOL OR THE SERVICES. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR EMERGENCY SERVICE IMMEDIATELY.

THESE TERMS OF USE GOVERN THE RELATIONSHIP BETWEEN THE COMPANY AND ITS CUSTOMERS AND IMPACT YOUR LEGAL RIGHTS. PLEASE READ THEM CAREFULLY BEFORE USING THIS TOOL OR THE SERVICES.

EYE CARE PROFESSIONALS PROVIDING REVIEWS THROUGH THIS TOOL ARE INDEPENDENT HEALTHCARE PROVIDERS AND ARE NOT EMPLOYEES OR AGENTS OF THE COMPANY. REVIEWS ARE MADE AVAILABLE THROUGH THE TOOL AS PART OF THE SERVICES, BUT THE COMPANY DOES NOT DIRECTLY PROVIDE REVIEWS, MAKE RECOMMENDATIONS, DIAGNOSES OR PRESCRIPTIONS IN CONNECTION WITH ANY EXAMS. YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY IS NOT A PARTY TO ANY PROVIDER-CLIENT RELATIONSHIP OR OTHER RELATIONSHIP THAT MAY BE FORMED DIRECTLY BETWEEN YOU AND THE EYE CARE PROFESSIONAL, AND IS NOT OTHERWISE A HEALTHCARE PROVIDER. THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR THE ACTS OR OMISSIONS OF EYE CARE PROFESSIONALS, THE RESULTS OF ANY REVIEWS OR ANY RECOMMENDATIONS, DIAGNOSES OR PRESCRIPTIONS MADE BY AN EYE CARE PROFESSIONAL.

IMPORTANT NOTICE: THESE TERMS OF USE ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW.

GoEyes Terms of Use

6over6 Vision Ltd. welcomes you to the GlassesOnEyes™ application (“GoEyes” or the “Tool”) as further detailed below.

This Tool is a Medical Device intended for use by individuals who:

are between the ages of 18 and 39, and are fully competent to enter into terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms;
are located in the Province of British Columbia at the time of use of the Tool;
are in good health, not experiencing a medical emergency and do not have significant health conditions; and
otherwise meet the other eligibility criteria set forth below in Section 5 below, under the heading “Additional Eligibility Criteria”

(collectively, the “Eligibility Criteria”).

BY CREATING AN ACCOUNT ON OR OTHERWISE ACCESSING OR USING THIS TOOL OR THE SERVICES, YOU:

AGREE THAT YOU: (A) HAVE READ, UNDERSTAND AND ACCEPT THESE TERMS OF USE (THE “TERMS”) AND ACKNOWLEDGE OUR PRIVACY POLICY AVAILABLE AT: Luna.io Solutions Privacy Policy; AND (B) WILL USE THE SERVICES (AS DEFINED BELOW) IN ACCORDANCE WITH APPLICABLE LAWS; AND
CONFIRM THAT YOU MEET THE ELIGIBILITY CRITERIA.

IF AT ANY TIME YOU NO LONGER ACCEPT ANY OF THESE TERMS, OR FAIL TO MEET THE ELIGIBILITY CRITERIA, YOU MUST UNINSTALL THE TOOL FROM YOUR DEVICE AND CEASE USE OF THE TOOL.

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 (OR OTHER LOCAL EMERGENCY NUMBER) IMMEDIATELY.

THESE TERMS REPRESENT A BINDING AGREEMENT BETWEEN THE COMPANY (AS DEFINED BELOW) AND YOU, AS A USER. THESE TERMS IMPACT YOUR LEGAL RIGHTS. PLEASE READ THEM CAREFULLY BEFORE USING THIS TOOL. You understand and agree that the Services, except the Review (which is provided by an Eyecare Professional (as defined below)), are provided solely by Us, and no other parent, subsidiary or affiliate of the Company.

1. Introduction

This Tool is a proprietary software application, developed and manufactured by 6over6 Vision, Ltd. (together with its affiliates, the “Company”), that is “Software as a Medical Device” (SaMD) used for measuring refraction error, intended as a self-administered subjective refraction exam that measures refractive error for each of the User’s eyes and collects other personal health information as further described in Section 3 of these Terms (the “Exam”). Upon completion of the Exam and payment if required, the results of the Exam will be provided to an Eyecare Professional along with the other information that You provide (as further defined in Section 2 of these Terms as “Your Information”). The Eyecare Professional will evaluate the results and Your Information to determine the appropriate clinical action and notify you with their clinical decision (the “Review”). Following such Review, if an Eyecare Professional determines, in the sole and independent professional judgement of the Eyecare Professional, it to be clinically warranted, they may issue you a prescription for corrective lenses. The Review, Exam and related services provided through the Tool are collectively referred to in these Terms as the “Services”. The Services are further described herein.

As further described in Section 9 below, the Review will not be conducted by a British Columbia registered healthcare professional, but instead by an ophthalmologist, who is an independent healthcare provider, located and licensed or registered, as applicable, in the State of Florida, USA (“Eyecare Professionals” or “ECPs”). Eye Care Professionals providing Reviews through this Tool are independent healthcare providers and are not employees or agents of the Company. Reviews are made available through the Tool as part of the Services, but the Company does not directly provide Reviews, medical advice, make recommendations, diagnoses or prescriptions in connection with any Exams. You acknowledge and agree that the Company is not a party to any provider-client relationship or other relationship that may be formed directly between You and the Eye Care Professional, and is not otherwise a healthcare provider. The Company is not responsible or liable for the acts or omissions of Eye Care Professionals, the results of any Reviews or any recommendations, diagnoses or prescriptions made by an Eye Care Professional.

The purposes of the Services provided via the Tool are limited to the purposes described in Section 3, and are not intended to, and do not, replace a regular or periodic eye health examination with a healthcare professional.

2. Definitions

Throughout these Terms:

“Tool” or “GoEyes Tool” has the meaning set forth above.

“Customer,” “User,” “You,” “Your” and “Yours” refers to the person using Tool or other Services.

“Design Rights” has the meaning set out in Section 13 of these Terms.

“Eligibility Criteria” has the meaning set out in Section 1 of these Terms.

“Exam” has the meaning set out in Section 1 of these Terms.

“Exam Technology” means has the meaning set out in Section 13 of these Terms.

“Eyecare Professional” or “ECP” has the meaning set out in Section 1 of these Terms.

“Indemnified Parties” has the meaning set out in Section 7 of these Terms.

“Linked Sites” has the meaning set out in Section 14 of these Terms.

“Optical Parameters” has the meaning set out in Section 3 of these Terms.

“Privacy Policy” means the privacy policy that applies to the Tool and the Services, and describes how we collect, use and disclose Personal Information when You use the Tool and the Services, the website address of which is set forth above on the 1st page.

“Review” has the meaning set out in Section 1 of these Terms.

“Services” has the meaning set out in Section 1 of these Terms.

“Terms” has the meaning ascribed to it in Page 2 of these Terms of Use.

“Trademarks” has the meaning set out in Section 13 of these Terms.

“Your Information” collectively refers to the Optical Parameters, information provided by You through the Tool or Services. For certainty, Your Information can include, among other things, Your applicable health information (such as Your frontal facial pictures (which are shrunk and obfuscated, and therefore do not allow the reidentification of any given individual in any way); a “Calibration Image” (which is an image with a standard size object such as plastic standard magnetic card to set as a reference object), health data received through a personal eye health questionnaire, and prescription) and other Personal Information of Yours (such as Your name, general location, and demographic information).

“We,” “our,” “us,” “Company,” and “6Over6” refer to 6Over6 Vision Ltd.

3. Description of Exam and Review

We facilitate the following steps, beginning after You access the Tool:

1. Eligibility and Information: Having You answer a series of questions to determine Your Eligibility to use the Tool and participate in the Exam.

2. Exam: Conducting the Exam using the Tool in a combination of several stages, each of which contains a specifically engineered image, referred to as a “target.” The Tool will provide You with instructions and questions, and will present you with targets based on your responses. In each stage, a specific optical parameter is measured and calculated. Taken together, these parameters will provide the User’s full details of the refraction error to an Eyecare Professional in terms of:

Sphere power (rounded to 0.25 Diopter);
Cylinder power (rounded to 0.25 Diopter); and
Cylinder axis (rounded to the closest Degree)

(collectively, Your “Optical Parameters”).

3. Review: After You complete the Exam, Your Information, including the Optical Parameters and additional patient-specific data supplied by You, will be sent to an Eyecare Professional. The Eyecare Professional is responsible for conducting the Review and ultimately responsible for making any clinical decisions.

4. Results: The Eyecare Professional will determine whether it is appropriate, based on Your Information, to issue a prescription along with a recommendation to check Your corrected visual acuity after obtaining glasses and/or contact lenses by taking an online visual acuity test. Alternatively, the Eyecare Professional may determine that You are not eligible or should see a healthcare provider in-person. If the Eyecare Professional issues a prescription to You, Company will:

a. add a copy of your prescription to the third party account, website, or mobile on through which you accessed the Tool; and

b. provide a copy of Your prescription to You upon request. Requests can be made by contacting support@6over6.com.

You may use the prescription to purchase glasses or contact lenses from the dispensing service of Your choice.

4. Refraction Measurement Accuracy

The expected accuracy of the Exam is similar to that of a traditional subjective refraction.

This Tool currently supports Users within the following range:

Sphere power: -1.00 D to -5.00 D
Cylinder power: up to -2.00 D
Total power (sphere + cylinder): up to -6.00 D

This Tool will automatically screen out Users with measurements outside of the above testable range. You will be notified by the Tool if you are outside of the testable range.

For subjects within the supported range expected accuracy will be within:

Sphere: ±0.50 D
Cylinder: ±0.50 D
Axis: ±15° only for Cylinders -0.75 and higher

5. Additional Eligibility Criteria

In order to qualify to use the Tool and receive the Services, in addition to the other Eligibility Criteria set forth above in these Terms, You must fit all of the following criteria:

Be between 18 to 39 years of age;
Currently wear glasses and/or contact lenses and are seeking to test Your vision in order to receive a glasses and/or contact lenses prescription;
Have single vision only (no multifocal, bifocal, or progressive lenses) and normal color vision;
Have no ongoing disease or ocular condition other than refractive error, such as:
Prism measurement in Your previous prescription(s);
History of lazy eye(s) (amblyopia), diabetes related eye issues, glaucoma, cataracts, retinal detachment, crossed eyes (strabismus), eye surgery, related brain injuries, or neurological issues; or
Recent discomfort or symptoms of acute eye pain, flashes, and/or excessive floaters in eyes;
Have no headache, nausea, fatigue, or vertigo when taking the Exam; and
Be able to follow text and audio instructions in English, stand and move closer or further from the mobile screen, and cover one eye while operating the mobile device.

You understand and agree that even if You satisfy the Eligibility Criteria, this does not guarantee that You will receive a Review or a prescription from an Eyecare Professional using the Tool, including, for example, where You do not fall within the testable range referenced in Section 4 of these Terms.

We reserve the right to require You at any stage to provide proof of age, and proof of location, so that we can verify that You meet the Eligibility Criteria. In the event that it comes to our knowledge that a User does not meet the Eligibility Criteria (for example, where the User is under the age of eighteen (18) or is located outside of the Province of British Columbia), we reserve the right to prohibit and block such User from accessing the Tool or the Services.

6. Device Requirements

This Tool is part of a mobile application available on these mobile devices:

iPhone XR or newer models
Android device

Running at least the last 2 versions available in the market starting from:

iOS 13.0 and above
Android 6 and above

This Tool is indicated for use in a home environment. This Tool requires well-functioning iOS or Android devices with the following components operating properly:*

Front camera
Speakers
Touch screen
Gyroscope
Microphone

GoEyes requires:

Unobstructed camera lens
Continuous, uninterrupted, use of the application for optimum results.
Phone Battery sufficiently charged

*Please note that using the device with a video conference operating on Your phone simultaneously with the use of the Tool might cause disruption in device operation.

7. Your Responsibilities and Acknowledgment

As a condition of Your use of the Tool, You agree to the following:

You will participate in the Exam Yourself;
You are seeking production of Your Optical Parameters for a Review by an ECP, who may issue a prescription for glasses and/or contact lenses if the ECP determines appropriate;
all of Your Information provided through the Tool is accurate, complete and correct;
You will strictly follow the instructions provided during the Exam;
if asked, You will agree to retake the Exam in whole or in part in order to continue to use the Tool and Services. If You do not retake the Exam if asked, You may not be able to continue using the Tool or Services; and
if asked, You will provide any additional information that is requested by or on behalf of us or an ECP(s) where it is required to permit to You to receive the Services. If You do not agree to provide the additional information that is requested, You may not be able to continue using the Tool or Services.

You understand and agree that the provision of the Exam and the conduct of the Review depend on the completeness and accuracy of Your Information, as the Tool cannot verify the completeness and accuracy of information provided by You. Without limiting any other part of these Terms, neither the Company (or any of its affiliates or their respective directors, officers, employees, subcontractors or agents) (collectively, the “Indemnified Parties”) nor the ECP(s) will be responsible for any adverse consequences if Your Information is inaccurate or incomplete, and You will indemnify the Indemnified Parties and the ECP(s) for any fraudulent or intentionally inaccurate information.

8. Restrictions on Use

As a condition of Your use of the Tool and Services, You will not:

use or attempt to use the Tool or Services for any person other than Yourself;
use the Tool or Services for any purpose that is in violation of any applicable laws or regulations, or prohibited by these Terms;
modify, make derivative works from, reverse engineer, reverse assemble, decompile or attempt to discover the source code of the Tool;
license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third-party the Tool or Services or any related materials in any way;
use or access the Tool or Services to create or develop competing products or services;
take any action or use the Tool or Services in any manner which could damage, disable, overburden, or impair the use of the Tool or Services;
bypass, avoid, remove, deactivate, impair, descramble, or otherwise circumvent any technological security measures surrounding the Tool or Services;
copy, duplicate, download, store in a retrieval system, publish, transmit or otherwise reproduce, transfer, distribute, store, disseminate, aggregate, use as a component of or as the basis for a database or otherwise use in any form or by any means any data, text, reports, or other materials related to the Tool or Services;
encourage or enable any other person to do any of the foregoing; or
use or access the Tool or the Services if you do not meet or fail to meet the Eligibility Criteria.

9. Review Services Provided by Eyecare Professionals

The Tool facilitates the provision of the Review by licensed Eyecare Professionals, who make independent clinical decisions about your care. Your doctor-patient relationship will be between You and the Eyecare Professional assigned to provide services to You. You will have no doctor-patient relationship with the Tool or the Company.

Your Optical Parameters will be Reviewed by an Eyecare Professional to whom we provide Your Optical Parameters. The results of such Review will be transmitted to You via the third party account, website or mobile application through which you accessed the Tool.

All ECPs who deliver the Review: (i) are ophthalmologists located and licensed or registered, as applicable, outside of the Province of British Columbia; (ii) are independent contractors to or employed by third-party organizations that We have engaged to perform the Services; and (iii) are solely responsible for Services provided to You by them. You understand and agree that none of the Indemnified Parties are responsible for the Review, or Your use of the Review, and any resulting prescription or recommendation, provided by an ECP(s). This includes, but is not limited to, any personal injury or property damage You may suffer.

10. Disclaimer; No Comprehensive Medical Advice

The Exam and the Review are only for the purposes expressly stated herein and are not intended to replace a comprehensive medical or eye examination. The Exam is not designed to be used as a tool for the diagnosis of an illness or other medical condition, nor for the treatment, mitigation or prevention of illness.

Always seek the advice of Your physician or other qualified healthcare provider with any questions You may have regarding Your personal health, medical conditions, drugs or medications, and before commencing or discontinuing any course of treatment, drug or medication. Do not disregard, avoid or delay in obtaining medical advice from Your physician or other qualified healthcare professional because of any information You may have received or obtained using the Services. The Services are not intended to be, and may not be used as, a first-time refractive error assessment.

11. Payment

You agree to pay all fees due. Payments may be processed through the Google Play or Apple application store from which You originally accessed the Tool. Applicable in-App purchase rules and policies may be accessed directly from the app stores. You will see a prompt for Your payment details, such as Your credit card information and any promotional codes You may have. By entering Your payment information and submitting Your order, You authorize the ECP(s) and Us, our affiliates or our third-party payment processors on behalf of the ECP(s) to charge the amount(s) due. To the extent payment is processed by our affiliates or a third-party payment processor, payments will be subject to such party’s payment processing terms and conditions. You acknowledge and agree that you will direct any issues or disputes concerning such payments solely to the applicable payment processing entity and not to Us.

You are responsible for all fees due to carry out the Services, including the Exam and the Review and to receive the Review results, including any fees charged by the Eyecare Professional and that any payment for us shall include payments to the Eyecare Professional. If Your credit card expires or We, our affiliates or our third-party payment processors are unable to process Your payment, You may receive notice for You to provide an alternative payment method. The Eyecare Professionals have no obligation to provide any Review unless and until full payment has been received and/or verified.

12. Privacy

We understand the importance of protecting the confidentiality of Your Information. Please see our Privacy Policy for a description of how we may collect, use and disclose Your Information.

13. Intellectual Property

Subject to the terms and conditions of these Terms, Company hereby grants You a limited, non-commercial, non-exclusive, non-transferrable, non-sublicensable, revocable and personal right to access and use the Tool, including the Exam Technology (as defined below), during the term of these Terms for the purposes expressly set forth and permitted by these Terms, including to obtain the Services. As between You and Company, Company (and its licensors and affiliates, as applicable) reserves all right, title and interest, including intellectual property rights, in and to the Tool and the underlying systems, technologies, processes, integrations, applications, information, software, text, displays, images, video, audio, selection, arrangement and look and feel thereof (collectively, the “Exam Technology”), as well as any and all displayed content resulting from or produced by the Exam Technology, and except as set forth expressly in these Terms, you will not have any such right, title or interest in and to the Exam Technology.

Certain names, logos, and other materials displayed in and through the Exam may constitute trademarks, trade names, services marks or logos (“Trademarks”) and/or designs, characteristics, and decoration (“Design Rights”) of the Exam Technology licensor, the Company, or its affiliates. You are not authorized to use any such Trademarks or Design Rights without their express written permission. Ownership of all such Trademarks, Design Rights, and the goodwill associated therewith remains with the Exam Technology licensor, us, or our affiliates, as applicable.

14. Patents

The applications and products presented on this website are protected by intellectual property laws, including patents.

Unauthorized use, reproduction, or distribution of any of the applications is strictly prohibited. For a full list of the patents that protect these products, please visit our Patents page.

15. Links to Third Party Hyperlinks and Websites

The Tool may contain hyperlinks or references to websites or webpages (“Linked Sites”) operated by third parties. The Linked Sites may not be under our control, therefore, we are not responsible for the information, products or services described thereon, or for the content of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. We are providing these Linked Sites to You only as a convenience, and the inclusion of any link does not imply endorsement of the Linked Site or any association with its operators. Your use of these Linked Sites is at Your own risk, and we are not liable to You in any way, either directly or indirectly, for any content, errors, damage or loss caused by or in connection with Your use of or reliance on information contained in or provided to Linked Sites.

You may have arrived to the Tool through a Linked Site. You understand and agree that we are not responsible for the information, products or services described on those Linked Sites and only these Terms will Toolly to Your use of or access to the Tool and Services. You further understand and agree that if You navigate to the Tool from an account You created on a third party Linked Site in order to use the Tool and Services, that third party will share Your account information as necessary with Us in order to coordinate and facilitate the Services.

16. Disclaimer of Warranties

THE FOLLOWING DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS.

YOU ACKNOWLEDGE AND AGREE THAT THE TOOL AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS, AND WITHOUT ANY WARRANTY, REPRESENTATION OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES, REPRESENTATIONS OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE INDEMNIFIED PARTIES OR ECP(S) DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS AND SPECIFICALLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE TOOL AND THE SERVICES, INCLUDING ANY REPRESENTATIONS, CONDITIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AVAILABILITY, SECURITY, ACCURACY, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY. THE INDEMNIFIED PARTIES AND THE ECP(S) MAKE NO WARRANTIES OR REPRESENTATIONS, AND THERE IS NO CONDITION, THAT YOUR USE OF THE TOOL OR THE SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.

TO THE FULLEST EXTENT OF APPLICABLE LAW, THE INDEMNIFIED PARTIES AND ECP(S) WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH YOUR USE OF THE TOOL AND SERVICES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY OR USEFULNESS OF THE TOOL AND SERVICES. FURTHERMORE, THE INDEMNIFIED PARTIES AND ECP(S) DO NOT GUARANTEE OR MAKE ANY WARRANTY OR REPRESENTATION, AND THERE IS NO CONDITION, THAT THE TOOL OR SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR WILL CONTINUE TO OPERATE OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM ERROR, BUGS, DEFECT, LOSS, DELAY IN OPERATION, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, OR THAT THE TOOL WILL BE COMPATIBLE WITH YOUR DEVICE OR RELATED EQUIPMENT OR SOFTWARE, OR THAT DEFECTS IN THIS WEBSITE WILL BE CORRECTED, AND THE INDEMNIFIED PARTIES AND ECP(S) DISCLAIM ANY LIABILITY RELATING THERETO.

WE MAKE NO REPRESENTATION OR WARRANTY AND THERE IS NO CONDITION AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE TOOLOR THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE TOOL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE TOOL OR FROM THE INDEMNIFIED PARTIES OR ECP(S) SHALL CREATE ANY WARRANTY. WE DISCLAIM ALL EQUITABLE INDEMNITIES.

YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR INFORMATION OBTAINED THROUGH THE USE OF THE EXAM IS TO BE USED BY YOU AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE PHONE OR OTHER DEVICE, INCLUDING ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR INFORMATION.

17. Limitation of Liability

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS SECTION, NEITHER THE INDEMNIFIED PARTIES NOR THE ECP(S) WILL BE LIABLE TO YOU OR TO ANY OTHER PARTY UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), CONTRACT, OR OTHERWISE, FOR: (I) ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES; (II) ANY LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, MOBILE PHONE OR OTHER DEVICE DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES; OR (III) FOR ANY DAMAGES FOR PERSONAL INJURY OR EMOTIONAL DISTRESS, INCLUDING DEATH, ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE OF (OR INABILITY TO USE) THE EXAM OR ANY OTHER SERVICES PROVIDED THROUGH THE TOOL. THIS IS TRUE EVEN IF THE INDEMNIFIED PARTIES OR ECP(S) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. TO MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT SHALL THE INDEMNIFIED PARTIES’ OR ECP(S)’ AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS EXCEED THE FEES PAID OR PAYABLE BY YOU IN THE [THREE (3) MONTH] PERIOD PRECEDING THE EVENT IN WHICH LIABILITY AROSE.

NOTE THAT SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY OR MAY PLACE LIMITATIONS ON OUR ABILITY TO LIMIT OUR LIABILITY TO YOU, SO SOME OR ALL OF THE FOREGOING MAY NOT APPLY TO YOU.

18. Indemnification

To the maximum extent permitted by applicable laws, You agree to indemnify, defend, and hold the Indemnified Parties harmless from and against any and all third-party claims, demands, liabilities, costs, expenses or fees of any kind or nature, including legal fees (on a substantial liability basis) and costs, arising from or related to (i) any breach by You of these Terms, (ii) Your use of the Tool or any material or features available on the Tool in an unauthorized manner, and/or (iii) a violation by You of any and all applicable laws or regulations.

19. Suspension and Termination Rights

These Terms will remain in full force and effect as long as You continue to access or use the Tool. You may terminate the Terms at any time by discontinuing Your use of the Tool. Your permission to use the Tool automatically terminates if You violate these Terms.

We may terminate or suspend any of the rights granted by these Terms and Your access to the Exam with or without prior notice, at any time and for any reason. However, the following Sections survive the expiration or termination of these Terms of Service: 13 (Intellectual Property), except where a right is granted for the duration of these Terms; 15 (Disclaimer of Warranties); 16 (Limitation of Liability); 17 (Indemnification); 19 (Dispute Resolution; Arbitration); 20 (Class Action and Jury Waiver); and 21 (Miscellaneous).

20. Dispute Resolution; Arbitration

All disputes arising out of or in connection with these Terms shall be referred to and finally resolved by arbitration under the applicable Rules of Procedure of the Vancouver International Arbitration Centre (VanIAC). The appointing authority shall be the VanIAC. The case shall be administered by the VanIAC in accordance with its Rules. The place of arbitration shall be Vancouver, British Columbia, Canada.

Each party will cover its own fees and costs associated with the arbitration proceedings; however, if the arbitrator finds that You cannot afford to pay the fees and costs reasonably associated with the arbitration proceedings, we will pay them for You.

The award of the arbitrator will be final and binding, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The parties agree that they will not appeal any arbitration decision to any court.

Notwithstanding the foregoing, Company may seek and obtain injunctive relief in any jurisdiction in any court of competent jurisdiction, and You agree that these Terms specifically enforceable by Company through injunctive relief and other equitable remedies without proof of monetary damages.

If this Section is found to be unenforceable or if it does not apply to You, then the entirety of this Section will be null and void and, in that case, You hereby irrevocably submit to the personal and exclusive jurisdiction of the courts of the Province of British Columbia for resolution of any lawsuit or court proceeding permitted under these Terms.

The Provincial laws of British Columbia and the federal laws of Canada applicable therein apply to the Terms, without regard to principles of conflict of laws. Subject to the foregoing and applicable laws, any conflicts that may ensue from the Terms, will be submitted to the jurisdiction of the Province of British Columbia.

21. Class Action and Jury Trial Waiver

WITH RESPECT TO ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS: (I) YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO HAVE A TRIAL BY JURY; AND (II) YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INCLUDING BUT NOT LIMITED TO CLASS ACTION LAWSUITS INVOLVING ANY SUCH DISPUTE.

22. Miscellaneous

These Terms set forth the entire understanding and agreement between You and us with respect to the subject matter hereof. If any provision of the Terms is found to be invalid, the parties agree to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect. Section headings are for reference only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to any failure by You or others to comply with these Terms does not waive our right to act with respect to subsequent or similar failures by You or others. You may not assign or transfer Your rights or obligations under these Terms without our prior written consent, and any assignment or transfer in violation of this provision shall be null and void. There are no third-party beneficiaries to these Terms, except and provided that ECPs shall be considered third party beneficiaries in respect of the disclaimers and limitations of liability set forth in this Agreement including those under Sections 15 and 16 you agree that ECPs have the right to enforce these Terms against you as a third-party beneficiary thereof. If any term or provision of these Terms is invalid, illegal, or unenforceable in any applicable jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.

23. Copyright Infringement Claims

You agree that unauthorized reproduction, use, or other infringement of the copyrightable content included in the Exam Technology may cause irreparable harm and damage to the Exam Technology licensor which may be difficult to ascertain and which may not be adequately compensated by damages at law. You further agree that the Exam Technology licensor is entitled to specific performance and any good faith claim of copyright infringement may entitle the Exam Technology licensor to seek a temporary restraining order, preliminary injunction and/or permanent injunction restraining You from such infringement. Nothing contained herein shall be construed as prohibiting the Exam Technology licensor from pursuing all other remedies available to it for such breach including monetary damages arising out of such infringement.

24. Contact Information

If you have any questions (or comments) concerning the Terms or the Services, you are welcome to send us an email to the following address, and we will make an effort to reply within a reasonable timeframe: info@6over6.com. By contacting us, you represent that you are free to do so and that you will not knowingly provide 6over6 with information that infringes upon third parties’ rights, including any intellectual property rights. You further acknowledge that notwithstanding anything herein to the contrary, any and all rights, including intellectual property rights in such information provided, shall belong exclusively to 6over6, and 6over6 may use or refrain from using any such information at its sole discretion.

Additional Information and Contact Us:

Manufacturer:

6OVER6 VISION LTD
94 Yigal Alon St.
Tel Aviv, Israel 678913