Last Updated: 6/22/18
This is an important document. Please read it carefully.
Information We Collect
We may collect two types of information from you when you use the Services:
- Information that you provide to us; and
- Information we collect automatically when you use the Services.
In some cases, if you chose not to provide us with requested information, you may not be able to use certain functions or features of the Services.
Information you provide to us
We collect information you provide to us when you create an account on the Services, communicate with us (for Services support and for general inquiries about the Services), and when you sign up for newsletters, surveys, or mailing lists. The information we collect will be your name, email address, phone number, mailing address, business contact information, birthdate, and gender (together, “personal information”). We may collect personal information from you for other purposes and when we do, we will tell you why we are collecting your personal information and how it will be used.
Information we automatically collect when you use the Services
How We Use Your Information
We may use your personal information:
- For the specific purpose for which it was collected;
- To provide the Services to you;
- To respond to your requests for customer or technical support;
- To alert you of new products or services, features, or enhancements (i.e. marketing);
- To contact you regarding your use of the Services;
- As permitted by law; and
- For any other purpose with your consent.
We may use and disclose non-identifiable information for any lawful purpose without any obligation or accounting to you. When we do so, we will take reasonable measures to ensure that the non-identifiable data does not and cannot be used to later identify you.
When We May Share Your Personal Information
We may disclose your personal information to third parties as described below:
- We may share your personal information when we have your consent.
- We employ other companies and people to perform tasks on our behalf and we may need to share your personal information with them to provide the Services to you, to respond to your technical support questions, to provide customer support, or to otherwise assist us with the Services. Unless we tell you differently, they do not have any right to use your personal information beyond what is necessary to assist us.
- We may disclose your personal information at the request of law enforcement or government agencies, in response to subpoenas, court orders, or other legal process, or as otherwise required by any law, rule, or regulation to which we are subject. We may also disclose your personal information to protect the rights, property, or safety of another person or to prevent fraud. We may disclose your personal information to investigate or prevent your violation of any contractual or other relationship with us or your illegal or unlawful activities.
- In the event we undergo a business transaction such as a merger, acquisition by another company, or sale of all or a portion of our assets, your personal information may be among the assets transferred.
We do not collect payment information directly from you. All payments are handled by and through the Apple App Store and Google Pay. Please refer to their respective privacy policies for more information about how they use and protect your payment information.
Third Party Login Technology
We may allow you to use a social media account to log in to the Services. If you elect to use a social media account to log in to the Services, you authorize us to collect your authentication information, such as your user name (which might be your email address) and encrypted access credentials. We may store this information so that it can be used to log you in to your Ocusell account. You control what personal information we will have access to in your social media account through the social media account’s authorization dialogue. This is typically going to be your name, email address, birthdate, gender, phone number (if available), mailing address (if available), and password. We will only use this information to log you in to the Services and to provide the Services to you.
We may enable functionality that allows you to share content to your social media account, which may be seen publicly depending on your social media account privacy settings. We do not have the ability to post to or share information on any of your social media account. We do not control any of these social media services and you expressly acknowledge and agree that Ocusell is in no way responsible or liable for any such social media services or features and that you share content from the Services on your social media account at your own risk.
Cookies and Internet Advertising
We may also use “web beacons” (i.e. “web bugs” or “single–pixel” or “clear” GIFs) on the Website. Web beacons allow ad networks to provide anonymized, aggregated auditing, research, and reporting for us and for advertisers. Web beacons also enable ad networks to serve targeted advertisements to you when you visit other websites. Because your web browser must request these advertisements and web beacons from the ad network’s servers, these companies can view, edit, or set their own cookies just as if you had requested a web page from their website.
We may use tracking technology in the Application by geo-tagging and time stamping images you upload to the Services. Our partner Firebase uses location tracking to track where users open the Application. The Application only collects location data when it is open or being used. We collect location data through various technologies like GPS and IP address. We use the location data to understand where our user base is geographically. We do not share any location data with third parties.
Managing Your Personal Information
You can manage the personal information we have about you through your account. You can also contact us at email@example.com to find out if we hold any personal information about you. You may request that we update, correct, or delete your personal information.
You may deactivate your account through your account or you may contact us at firstname.lastname@example.org.
We may not be able to delete all of your personal data because of laws, rules, or regulations applicable to us or because of our legitimate business interests. Your personal data may reside in our backup archives temporarily after we delete your personal data from our production system. We may retain aggregated, anonymous data derived from your personal information or use of the Services after your account or personal information is deleted.
We may periodically send you newsletters or marketing material via email. You can opt-out of our marketing materials by managing your communication preferences in your account or by following the unsubscribe instructions provided in each email. We may continue to send you administrative emails even if you indicate that you no longer wish to receive promotional email from us.
Consumers Outside of the United States
Even though our Website is available to consumers and businesses outside of the United States, we do not offer our Services outside of the United States at this time.
The Services are hosted in the United States and is governed by United States law. If you are using the Services from outside the United States, please be aware that your personal information will be transferred to, stored, and processed in the United States. By using the Services, you consent to your personal information being transferred to the United States.
California Privacy Rights
Shine the Light
California Civil Code Section 1798.83 permits consumers that are California residents to request certain information regarding our disclosures of personal information to third parties for such third parties’ direct marketing purposes. If you are a California resident and would like to make such a request, please contact us at email@example.com.
Do Not Track Signals
Some web browsers may transmit “do not track” signals to websites. The Website does not currently recognize or respond to do not track signals.
We do not knowingly collect personal information from children under the age of 13. If you believe that a child under the age of 13 has provided personal information to us, please contact us at firstname.lastname@example.org and we will remove the personal information from our systems.
How We Protect Your Information
We take reasonable steps to maintain the security of the personal information we collect from you. However, no data transmission over the Internet is completely secure and accordingly, we cannot guarantee the security of any information that you transmit to us, so you do so at your own risk.
Links To Other Websites
With questions, comments, or concerns, please contact us at email@example.com or 513-607-4429.
Last Updated: 6/22/18
You signify your assent to this Agreement by using the Services. Please do not use or continue to access the Services if you do not agree to be bound by this Agreement.
We reserve the right to modify this Agreement at any time. We will post notice of modifications to this Agreement on this webpage and we will attempt to notify you through your account or the email address that you provided when you signed up for an account. Changes will become effective immediately but will not apply retroactively. If you do not agree to the modified Agreement you should immediately discontinue your use of the Services.
This Agreement contains a binding dispute resolution and waiver of class action claims clause. Please read it carefully as it affects your rights.
Your Use Of The Services
You are responsible for your use of the Services. You must have a parent or legal guardian review this Agreement with you and agree to it on your behalf if you are not of legal age to form a binding contract with us (age 18 in most states). If you have authorized or registered another person to use the Services, including a minor, you are fully responsible for that person’s use of the Services and the consequences of that person’s misuse of the Services. The parent or legal guardian of a minor must affirmatively consent to such minor’s use of the Services. You may only use the Services in compliance with this Agreement, any agreement entered into by your employer (if you were granted access to the Services through a corporate or enterprise agreement), and all applicable laws and regulations. You are solely responsible for your interactions with other users and you agree that Ocusell is not responsible or liable for any act, omission, or conduct of any other user.
You do not have to have an account to view our website, but you do need an account to use the Services. When you create an account, you may have the option to select a unique username. Your username must be appropriate and not offensive. We reserve the right in our sole discretion to change and disable any account that does not meet our naming standards.
Your account is personal to you and you may not share it or allow any other person to utilize your account. You may not use another person’s account. You are responsible for all activities that occur under your account. You must immediately notify us if your registration information changes.
The Services may allow you to store your login credentials so that you can be automatically logged in each time you access the Services. If someone else has access to your computer or mobile device the automatic login feature will allow that person to have access to your account. You are responsible for all damages resulting from unauthorized access to the Services from your account. You must immediately notify us if you learn of or have reason to suspect any unauthorized use of your account or any other breach of security.
You may have the opportunity to upload and display content on the Services (“User Content”). User Content uploaded or provided through the Services may be protected by copyrights, patents, trademarks, trade secrets, or other intellectual property laws. You understand and agree that these rights in User Content are valid and protected in all forms, media, and technologies existing now or developed in the future. You may not obscure or remove any proprietary rights notices contained in or on User Content. Any unauthorized use of User Content, whether owned by us or other parties, may violate copyright laws, trademark laws, privacy and publicity laws and communications regulations and statutes. We will not be liable for User Content uploaded or posted to the Services by you or any other user.
We do not claim ownership rights in User Content, but by uploading, transmitting, or posting User Content to the Services, you hereby grant to us a non-exclusive, transferable, worldwide, irrevocable, royalty-free license to use, reproduce, modify, edit, adapt, publish, translate, display, host, store, distribute, sublicense, and create derivative works and compilations incorporating User Content as part of providing the Services. You represent and warrant that you have all rights and authority to grant us the license herein to the User Content you post or upload to the Services.
If your User Content is an image, we may apply a watermark to the image while it is stored and displayed in the Services. We will remove the watermark when you share the image. A shared image is an image that is downloaded from the Services either onto your personal device or uploaded or shared to a third party website. You are charged every time you share an image. We may add a digital water mark to an image to identify ownership and verify authenticity and integrity of the image regardless of your payment for sharing.
You are responsible for your User Content and for the consequences and liability related to or connected with User Content and your use of any User Content you access or obtain through the Services.
We do not pre-screen or approve User Content but we reserve the right to remove User Content that we believe is infringing, offensive, objectionable, or illegal at our sole discretion and without liability to you or any other person.
Your License To Use The Services
We grant to you a limited, non-exclusive, non-assignable, non-transferable license to access and use the Services for your own personal, non-commercial purposes, subject to your agreement to and compliance with this Agreement. We reserve all rights not otherwise expressly granted by this Agreement. You may not: rent or sell the Services to a third party; copy or reverse engineer the Services; create derivative works of the Services; change or alter User Content or notices; use a bot or other automatic process to harvest or scrape information or User Content on the Services; introduce a virus or malicious code into the Services; use the Services to violate a third party’s intellectual property rights; send advertisements or spam using or through the Services; use any information in the Services to create a competing service; or engage in any activity that violates this Agreement or any applicable law or regulation.
Usage and Limitations
We do not guarantee that the Services will be compatible or operate with your computer, Internet provider’s service plan, mobile carrier’s service plan, or any other piece of hardware, software, equipment, or device you use to access or use the Services. You are responsible for providing, maintaining, and ensuring the compatibility of all hardware, software, and other system requirements necessary for your access to and use of the Services. You are also responsible for all third party charges and fees, including to your Internet service provider and mobile carrier, in connection with your access and use of the Services and for complying with any contracts, terms of service agreements, and restrictions associated with such third party services. We will not be liable for any damage to your computer, mobile device, or other equipment or technology caused by or related to the Services.
The quality and availability of the Services may be affected by factors outside of our control because the Services are provided over the Internet. We will not be liable for damages or losses related to the Services being unavailable.
Our Rights and Ownership
We may discontinue or alter any aspect of the Services, restrict the time the Services is available, install bug fixes, updates, patches, and other upgrades to the Services, and restrict the amount of use permitted at our sole discretion and without prior notice or liability to you. Your only remedy is to discontinue using the Services if you do not want a modification we make to the Services.
The Services are our copyrighted property and it may not be reproduced, recreated, modified, accessed, or used in any manner contrary to what is allowed by this Agreement or disseminated or distributed to any other person. Our images, trademarks, service marks, logos and other content that we display in the Services and all accounts, features, and components of the Services are our property. Third party materials in the Services are licensed to us and these third parties may enforce their ownership rights against you if you violate the terms of this Agreement. Any feedback or suggestions you give to us about the Services is voluntary and we may use such feedback or suggestions in our sole discretion without obligation to you.
To the fullest extent allowed under applicable law, we expressly disclaim all warranties, express, implied, or otherwise, including without limitation, warranties of merchantability, title, non-infringement, suitability, integration, currentness, accuracy, and fitness for a particular purpose. We do not warrant that the Services will be malware or virus free. We specifically disclaim any representations that the Services will meet your requirements, that access to or operation or use of the Services will be uninterrupted or error free, that defects in the Services, if any, will be corrected, or that results will be timely, accurate, adequate or complete. The Services are provided “as is” and “as available” and we do not guarantee the Services’ availability or uptime. We do not warrant or represent that use of the Services will result in compliance with any applicable laws or regulations, and you understand that you are solely responsible for ensuring compliance with any and all applicable laws and regulations.
Limitation Of Liability
To the fullest extent permitted by law, under no circumstance will we be responsible for lost profits, revenues, financial losses, or indirect, special, consequential, exemplary, or punitive damages. To the fullest extent permitted by law, our total liability for any claims under this Agreement, including for any implied warranties, is limited to $100.00. The limitations of this section will apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence) or otherwise, and whether or not we have been informed of the possibility of any such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
You agree to defend, indemnify, and hold us and our officers, members, managers, employees, and agents harmless from and against any and all claims, liabilities, damages, losses, demands, or expenses, including attorney’s fees and costs and expenses, arising out of or in any way connected with your use of the Services, your breach or alleged breach of this Agreement, your unauthorized use of User Content, unauthorized use of your account, or your violation of any rights of any other person.
This Agreement is effective until you or Ocusell terminates it. You may terminate this Agreement at any time by discontinuing your use of the Services. We may terminate this Agreement at any time and for any reason without prior notice to you, and accordingly, we may deny you access to the Services. Termination of this Agreement will not affect any right or relief to which we are entitled at law or in equity. Upon termination of this Agreement, you must terminate all use of the Services and any information or materials that have been provided to you. The terms and conditions in this Agreement that by their nature and context are intended to survive any termination of this Agreement will survive such termination and will be fully enforceable thereafter.
This section affects your rights. Please read it carefully.
Any dispute or claim relating in any way to your use of the Services or any User Content provided by or through the Services that cannot be resolved between you and Ocusell will be finally and exclusively resolved by non-appearance based binding individual arbitration under the American Arbitration Association’s rules for arbitration of consumer-related disputes. You and Ocusell hereby expressly waive trial by jury. You may assert your claim in small claims court if your claim qualifies. You may only bring claims on your own behalf. You and Ocusell agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. This dispute resolution provision will be governed by the Federal Arbitration Act. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with this Agreement. This arbitration agreement will survive the termination of your relationship with Ocusell. You and Ocusell agree that you or Ocusell may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to: 240 Greenup St., Apt 425, Covington, KY 41011.
Compliance With Non-U.S. Law
We do not make any representation that the Services, User Content, or other material or information provided through the Services is appropriate to or available in locations outside of the United States. You may not use the Services or export User Content in violation of United States export laws, regulations, or restrictions. If you access the Services from outside of the United States, you are responsible for compliance with all applicable laws.
Governing Law and Other Miscellaneous Terms
This Agreement and any claim related thereto will be governed by the laws of the State of Kentucky, without reference to its conflicts or choice of law principles. All claims and disputes arising under this Agreement will be brought solely in any court located in Covington, Kentucky. You irrevocably submit and consent to the personal jurisdiction of such courts.
We have the right to enforce the provisions of this Agreement by injunction (without necessity of posting bond), specific performance, or other equitable relief without prejudice to any other rights and remedies we may have for your breach of this Agreement.
This Agreement controls the relationship between Ocusell and you. This Agreement does not create any third party beneficiary rights.
Our failure to enforce the provisions of this Agreement does not constitute a waiver of our right to enforce them.
If any term or provision of this Agreement is held to be invalid or unenforceable, the remaining terms and provisions of this Agreement will remain in full force and effect, and the invalid or unenforceable term or provision will not be considered to be part of this Agreement.
In the event of a conflict between this Agreement and any additional policies, procedures, disclaimers, guidelines, rules, terms, or conditions of specific application, the additional policies, procedures, disclaimers, guidelines, rules, terms, or conditions of specific application will control.
Digital Millennium Copyright Act
We respect the intellectual property of others and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact our Copyright Agent for Notice of Claims of copyright infringement at firstname.lastname@example.org.
If you have any questions or would like further clarification about the Services or this Agreement, please contact us at email@example.com.