Terms of Service

1. Acceptance of Terms

Eye Kiosk, Inc., a Delaware corporation (“Eye Kiosk”, “we”, “our”, or “us”) provides the kiosks, software, APIs, and support services described in these Terms of Service (“Terms”). By accessing or using any part of the Services you agree to be bound by these Terms.

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

2. Eligibility & Accounts

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

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3. Description of Services

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

We continually improve the Services and may modify or discontinue features with advance notice where practical.

4. Professional & Medical Disclaimers

5. Orders, Payments, and Subscriptions

6. Acceptable Use & Prohibited Conduct

We reserve the right to suspend or terminate access for violations of these acceptable use rules.

7. Intellectual Property

We retain all rights, title, and interest in the Services, including all software, firmware, AI models, documentation, and branding. You receive a limited, non-exclusive, non-transferable license to use the Services in accordance with these Terms.

Feedback or suggestions you provide may be used by us without restriction or compensation.

8. Confidentiality & Data Security

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

Eye Kiosk implements safeguards to protect personal information processed through the Services. Additional privacy disclosures are outlined in our Privacy Policy.

9. Warranties & Disclaimers

10. Limitation of Liability

To the fullest extent permitted by law, our total liability for any claim arising out of or relating to the Services is limited to the greater of (a) the amount you paid us in the 12 months preceding the claim or (b) $500.

We are not liable for indirect, incidental, special, consequential, or exemplary damages, including lost profits or data, even if we have been advised of the possibility of such damages.

11. Indemnification

You agree to indemnify and hold harmless Eye Kiosk, Inc., its affiliates, officers, agents, and employees from any claims, damages, liabilities, and expenses arising from your use of the Services or breach of these Terms.

12. Governing Law & Dispute Resolution

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

Any dispute that cannot be resolved amicably shall be submitted to binding arbitration in San Francisco County, California, administered by JAMS under its Streamlined Arbitration Rules. Either party may seek injunctive relief in a court of competent jurisdiction.

13. SMS Notifications & Consent

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

14. Changes to These Terms

We may update these Terms to reflect changes to the Services or legal requirements. When we make material changes, we will provide notice (e.g., by email or in-app notification) prior to the new Terms taking effect.

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

15. Contact

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