Updated February 26, 2020
Visual Intelligence, LLC (referred herein as “VI”, “we” or “us”) is a technology company headquartered in Newark, NJ that provides tools and technology for optical visual information and artificial intelligence in the form of a mobile app called “Opto-Screen”.
By using the Services, you acknowledge that VI will use your information in the United States, and any other country where VI operates or VI services are used. Please be aware that the privacy laws and standards in certain countries, including the rights of authorities to access your personal information, may differ from those that apply in the country in which you reside.
2 Collection of Information
Information You Provide to Apple Inc.
Apple Inc. may collect certain information and personal/user data when you register for an account, make a purchase, request customer support, or otherwise communicate with them. VI does not collect or process your personal information.
3 What are my rights with respect to my personal data?
Please consult your agreements with Apple Inc. concerning any personal data collected by Apple Inc. during when you subscribe to the Services.
VI strives to meet its customers’ inquiries. If you have a concern about your service or the processing of your information, please contact our customer service at [email protected].
4 Policy Changes
VI reserves the right to change this Privacy Statement. We will provide notification of the material changes to this Privacy Statement through our website at least 30 days prior to the change taking effect. If we believe that the changes are material, we’ll do one of (or both) the following: (i) post notice of the changes on the website before the changes become effective, (ii) send you an email about the changes before the changes become effective. We encourage you to check back regularly and review any updates.
If you have any questions, you can contact VI’s Support Team at [email protected] and/or write to us at the following address:
Terms of Service
Last updated February 5th, 2020
These Terms of Service (“Terms”) govern your use of the Opto-Screen App and related software and service (the “Service”) made available by Visual Intelligence, LLC (“VI”). To agree to these Terms, click “I Agree” where indicated in the registration process for the Service.
After years of research, VI has successfully developed a methodology for users to image and analyze the iris and pupil of a person. Our Opto-Screen mobile phone application, which employs this innovative methodology, enables a user to determine whether or to what extent a person’s pupil is compliant with a circular shape. The Opto-Screen app does not provide medical diagnostic information nor does it recommend any form of medical treatment.
The Service currently supports English language interactions only; additional language interactions may become available in the future.
(a) General. You must be 18 years of age or older in order to subscribe to the Service. Registration requires you to provide VI with your name, address, telephone number, email address and payment information, and to set up your account using a user name and password that you select. You represent and warrant that all information you provide is accurate and up to date and will be kept up to date.
(b) Minimum Age Requirements of Third-Party Platforms. You expressly acknowledge that most third-party platforms are restricted to individuals who are 13 or older, and that, as between you and VI, compliance with any such age requirement is your sole responsibility.
3 Subscription, Cancellation and Refund Policy.
(a) Monthly/Yearly Subscription. The Service is offered on a subscription basis only. You may choose a monthly subscription or a yearly subscription. If you choose the monthly subscription, a monthly subscription fee is charged to the iTunes account at confirmation of purchase. If you choose the yearly subscription, a yearly subscription fee is charged to the iTunes account at confirmation of purchase. The current monthly or yearly fees and more details about the Service is listed below. Subscriptions are either month-to-month (for the monthly subscription) and automatically renew at the end of each month for the next succeeding month, or year-to-year (for the yearly subscription) and automatically renew at the end of each year for the next succeeding year, unless you cancel the subscription.
(b) Payment Methods. You represent and warrant that you have the legal right to use all payment method(s) in the Registered Account. If you choose to initiate a transaction via the Services, you authorize us to provide your payment information in the Registered Account to a third-party service provider for completing your transaction. Until your subscription is cancelled, You agree (i) to pay the applicable fees and any taxes; (ii) where the Opto-Screen App is made available (an “App Provider”), for verification, pre-authorization and payment purposes; and (iii) to bear any additional charges to your App Provider. You will receive a confirmation email after we confirm the payment for your order. Your order is not binding on VI until accepted and confirmed by VI. All payments made are non-refundable and non-transferable except as expressly provided in these Terms. The cost of the subscription is $34.99 per month or $385.00 for one year.
(c) Escalation. If you have any concerns or objections regarding charges, you agree to raise them with us first in a written notification and you agree not to cancel or reject any credit card or third-party payment processing charges unless you have made a reasonable attempt at resolving the matter directly with VI. VI will respond within thirty (30) days of receipt of written notice.
(d) Reservation of Rights. VI reserves the right to not process or to cancel your order in certain circumstances, for example, if your credit card is declined, if we suspect the request or order is fraudulent, or in other circumstances VI deems appropriate in its sole discretion. VI also reserves the right, in its sole discretion, to take steps to verify your identity in connection with your order.
4 Renewal and Termination
If you purchase your Subscription via the Site, you can cancel the renewal of your subscription at any time by contacting us by email at [email protected] If you purchase your Subscription via an App Provider, you can cancel the renewal of your subscription at any time with the App Provider. You will not receive a refund for the fees you already paid for your current subscription period and you will continue to receive the Services ordered until the end of your current Subscription period.
To cancel your subscription at any time, please navigate to the “Account” page on our Site. Upon cancellation, the Service will terminate at the end of the current billing cycle and VI will terminate the Service. No refunds will be provided.
5 Changes to Price Terms for Subscriptions
VI reserves the right to change its pricing terms for Subscriptions at any time and VI will notify you in advance of such changes becoming effective. Changes to the pricing terms will not apply retroactively and will only apply for Subscription renewals after such changed pricing terms have been communicated to you. If you do not agree with the changes to VI pricing terms then you may choose not to renew your Subscription in accordance with the section “Subscriptions Automatically Renew Until You Cancel & How to Cancel Your Subscription.”
6 Future Functionality
You agree that your purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by VI regarding future functionality or features.
We welcome feedback, comments and suggestions for improvements to the Services or Products (“Feedback”). You can submit Feedback by email at [email protected] You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
8 Content and Content Rights
For purposes of these Terms, (I) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that users (including you) provide to be made available through the Services. Content includes without limitation User Content.
8.1 Content Ownership
VI does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, VI and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
8.2 Rights in User Content Granted by You
By making any User Content available through Services you hereby grant to VI a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services and Content to you and to other users.
9 Rights in Content Granted by VI
Subject to your compliance with these Terms, VI grants you a limited, non-exclusive, non-transferable, non-sublicenseable license to download, view, copy and display the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
10 Rights and Terms for Apps
10.1 Rights in App Granted by VI
Subject to your compliance with these Terms, VI grants you a limited non-exclusive, non-transferable, non-sublicenseable license to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. VI, reserves all rights in and to the App not expressly granted to you under these Terms. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means.
11 Additional Terms for App Store Apps
If you accessed or downloaded the App from the Apple Store, then you agree to use the App only: (i) on an Apple-branded product or device that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the Apple Store Terms of Service.
If you accessed or downloaded the App from an App Provider, then you acknowledge and agree that:
- These Terms are concluded between you and VI, and not with App Provider, and that, as between VI and the App Provider, VI, is solely responsible for the App.
- App Provider h as no obligation to furnish any maintenance and support services with respect to the App.
- In the event of any failure of the App to conform to any applicable warranty, you may notify App Provider and App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of an App to conform to any warranty will be the sole responsibility of VI.
- App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, VI will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
- App Provider and its subsidiaries are third-party beneficiaries of these Terms as related to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms, App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third party beneficiary thereof.
- You must also comply with all applicable third-party terms of service when using the App.
- You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the App nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the App you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You agree not to do any of the following:
- Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
- Use, display, mirror or frame the Services, or any individual element within the Services, VI’s name, trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without VI’s express written consent;
- Access, tamper with, or use non-public areas of the Services, VI’s computer systems, or the technical delivery systems of VI’s providers;
- Attempt to probe, scan, or test the vulnerability of any VI system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by VI or any of VI’s providers or any other third party (including another user) to protect the Services;
- Attempt to access or search the Services or download Collective Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by VI or other generally available third party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a Visual Intelligence trademark, logo URL or product name without Visual Intelligence’s express written consent;
- Use the Services for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
13 Links to Third Party Websites or Resources
The Services and App may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at [email protected]. If you purchase Subscription via an App Provider, you should also cancel your Subscription with the App Provider directly. Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
15 Warranty Disclaimers
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
(a) THE SERVICES, PRODUCTS AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, (I) ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, OR UNINTERRUPTED ACCESS, (II) ANY WARRANTY CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND (III) ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
(b) VI DOES NOT WARRANT THAT THE SERVICE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED;
(c) VI MAKES NO WARRANTY THAT THE SERVICE WILL MEET ANY OF YOUR EXPECTATIONS OR REQUIREMENTS;
(d) ANY INFORMATION OBTAINED THROUGH USE OF THE SERVICE IS DELIVERED TO YOU FOR YOUR USE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM VI’S PROVISION OF OR FAILURE TO PROVIDE ANY SUCH INFORMATION;
(e) NO ADVICE, RESULTS OR INFORMATION OR MATERIALS, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN;
(f) VI DOES NOT PROVIDE MEDICAL ADVICE AS PART OF THE SERVICE; AND
(g) IF YOU ARE DISSATISFIED WITH THE SERVICE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SERVICE
16 Limitation of Liability
In no event will VI’s total liability arising out of or in connection with these terms or from the use of or inability to use the Services, Products or Content exceed the amounts you have paid to VI for use of the Services, Products or Content. The exclusion and limitations of damages set forth above are fundamental elements of the basis of the bargain between VI and you.
You will indemnify and hold harmless VI and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services or Content or (ii) your violation of these Terms.
18 Dispute Resolution
18.1 Governing Law
Any disputes arising from your use of the Services will be governed by the laws of the State of New York without regard to its conflict of law’s provisions.
18.2 Agreement to Arbitrate
You and VI agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services, Products or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in this clause (ii), an “IP Protection Action”). Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide VI with written notice of your desire to do so by email at [email protected] within thirty (30) days following the date you first agree to these Terms (such notice, an “Arbitration Opt-out Notice”). If you don’t provide VI with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide VI with an Arbitration Opt-out Notice, will be the state and federal courts located in New York City (or in the event of a US patent infringement action, in a venue required by US patent laws) and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide VI with an Arbitration Opt-out Notice, you acknowledge and agree that you and VI are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and VI otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
19 Arbitration Rules
19.1 American Arbitration Association
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
19.2 Arbitration Process
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a general Demand for Arbitration form and a separate form for Demand for Arbitration for California residents.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
19.3 Arbitration Location and Procedure
Unless you and VI otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and VI submit to the arbitrator, unless you request a hearing, or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
19.4 Arbitrator’s Decision
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. VI will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, VI will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Notwithstanding the provisions of the “Modification” section above, if VI changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to [email protected]) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of VI’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and VI in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
20 General Terms
20.1 Entire Understanding.
These Terms constitute the entire and exclusive understanding and agreement between VI and you regarding the Services, Products and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between VI and you regarding the Services, Products and Content. If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the “Arbitration” section above or by court of competent jurisdiction, but only if you timely opt out of arbitration by sending us an Arbitration Opt-out Notice in accordance with the terms set forth above), that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without Visual Intelligence’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. VI may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by VI under these Terms, including those regarding modifications to these Terms, will be given: (i) by VI via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. Any inquiries you may have concerning these Terms, or to provide any notice to VI hereunder, should be directed to: Visual Intelligence, LLC, New Jersey Institute of Technology, Enterprise Development Center, Newark, NJ 07103, with a copy to [email protected]
VI’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of VI. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
· Contact Information
- If you have any questions about these Terms or the Services or Products, please contact Visual Intelligence, LLC at [email protected]