TERMS OF SERVICE
CONTENT IN THE “REFLEX” MOBILE APPLICATION, ANY OF THE REFLEX PRODUCTS INCLUDING, BUT NOT LIMITED TO, “REFLEX PRO” AND “REFLEX TELEHEALTH Telehealth” AND ON BRIGHTLAMP’S WEBSITE IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO REPLACE THE RELATIONSHIP BETWEEN YOU AND YOUR PHYSICIAN OR OTHER MEDICAL PROVIDER. WE ARE NOT LICENSED MEDICAL CARE PROVIDERS AND HAVE NO EXPERTISE IN DIAGNOSING OR TREATING MEDICAL CONDITIONS OF ANY KIND, OR IN DETERMINING THE EFFECT OF HEAD TRAUMA ON ANY MEDICAL CONDITION. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, EFFECTIVENESS, OR CORRECT USE OF INFORMATION YOU RECEIVE THROUGH THE “REFLEX” MOBILE APPLICATION, ASSOCIATED REFLEX PRODUCTS, OR ON BRIGHTLAMP’S WEBSITE. IF YOU CHOOSE TO RELY ON ANY SUCH INFORMATION YOU DO SO AT YOUR OWN RISK.
1.1. Governing Agreement
The terms of this agreement (“Terms of Service”) govern the relationship between you and brightlamp, INC (“brightlamp” or “us” or “we”) regarding your use of our products and services, which includes the application “Reflex”, “Reflex Pro”, “Reflex Telehealth” or any other Reflex related software used to detect measurements of the eye, related applications for mobile devices, and brightlamp’s websites (collectively, the “App”). In these Terms of Service, “brightlamp” means brightlamp, INC, located at 200 S Meridian St Suite 410, Indianapolis IN 46225.
This agreement may not be otherwise amended except in a writing, signed by you and us. For purposes of this provision, writing does not include an e-mail message and a signature does not include an electronic signature.
1.4. Grant of a Limited License to Use the App
1.5. Accessing the App
You must provide all equipment necessary to connect to and use the App, including but not limited to, a mobile device that is suitable to connect with and use the App. You are responsible for any fees, including internet connection or mobile fees that you incur when accessing the App.
1.6. Use of App
The following restrictions apply to the use of the App:
a. You shall not create an Account or access the App if you are under the age of 13;
b. You shall monitor your Account to restrict use by minors, and you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the App by a minor in connection with your Account. You are responsible for any use of credit card or other payment instrument by minors;
c. You shall not have more than one Account at any given time and shall not create an account using a false identity or information, or on behalf of someone other than yourself;
d. You shall not have an Account or use the App if you have previously been removed by brightlamp;
e. You shall not use the App if you are located in a country embargoed by the United States or if you are on the U.S. Treasury Department’s list of Specially Designated Nationals;
f. You shall not use your Account to advertise, solicit, or transmit any commercial advertisements;
g. You shall not use your Account to engage in any illegal conduct or encourage or incite others to engage in illegal conduct;
h. You shall not access or use an Account that has been sub-licensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the original Account creator without brightlamp’s written permission; and
i. If you use social networking services in connection with the App you shall comply with the terms of the social networking service, as well as these Terms of Service.
1.7. Username and Password
During the Account creation process, you may be required to select a password (“Login Information”). The following rules govern the security of your Login Information:
a. You shall not share the Account or the Login Information, let anyone else access your Account or do anything else that might jeopardize the security of your Account;
b. If you become aware of or reasonably suspect any breach of security, including any loss, theft, or unauthorized disclosure of Login Information, you must immediately notify brightlamp and modify your Login Information;
c. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you; and
d. You are responsible for anything that happens through your Account.
brightlamp reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates such third party’s rights.
1.8. License Limitations
Any use of the App in violation of the following license limitations is strictly prohibited, can result in the immediate revocation of your limited license granted by Section 1.4, and may subject you to liability for violations of law. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE APP IS A VIOLATION OF BRIGHTLAMP’S POLICY AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
You agree that you will not, under any circumstances:
a. Engage in any act that brightlamp deems to conflict with the spirit or intent of the App, including but not limited to circumventing or manipulating these Terms of Service or other policies;
b. Make improper use of brightlamp’s support services, including submitting false abuse reports or using profane and abusive language in your communication with our support personnel;
c. Use the App, intentionally or unintentionally, in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation;
d. Use cheats, exploits, automation software, bots, hacks, mods, or any unauthorized third-party software designed to modify or interfere with the App;
e. Use the App in order to design or assist in the design of cheats, automation software, bots, hacks, modes, or any other unauthorized third-party software designed to modify or interfere with the App;
f. Without brightlamp’s express written consent, modify or cause to be modified any files that are a part of the App;
g. Disrupt, overburden, aid, or assist in the disruption or overburdening of (1) any computer or server used to offer or support the App; or (2) the enjoyment of the App by any other person;
h. Institute, assist, or become involved in any type of attack, including distribution of a virus, denial of service attacks upon the App, or other attempts to disrupt the App or any other person’s use or enjoyment of the App;
i. Attempt to gain unauthorized access to the App, to an Account registered to others, or to the computers, servers, or networks connected to the App, including by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology or software that is part of the App;
j. Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or other objectionable or offensive on the App OR ON ANY OTHER OF BRIGHTLAMP’S PRODUCTS OR WEBSITES;
k. Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse or harm of another person or group, including brightlamp employees or customer service representatives;
l. Make available through the App any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a brightlamp employee;
m. Without brightlamp’s express written consent, use of the App or any part thereof for any commercial purpose, including communicating or facilitating any commercial advertisement or solicitation;
n. Transmit unauthorized communication through the App;
o. Interfere or attempt to interfere with the proper function of the App or connect to or use the App in any way not expressly permitted by these Terms of Service;
p. Use any unauthorized third-party software that accesses, intercepts, “mines,” or otherwise collects information from or through the App or that is in transit from or to the App, including, without limitation, any software that reads areas of RAM or streams of network traffic used by the App to store information about brightlamp uses or content. brightlamp may, at its sole and absolute discretion, allow the use of certain third-party user interfaces;
q. Use, facilitate, create, or maintain any authorized connection to the App, including without limitation (1) any connection to any unauthorized server that emulates, or attempts to emulate any part of the App; or (2) any connection using programs, tools, or software not expressly approved by brightlamp;
r. Except were permitted by law or relevant open source licenses, reverse engineer, decompile, disassemble, decipher, or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the App, or to obtain any information from the App using any method not expressly permitted by brightlamp;
s. Copy, modify, or distribute rights or content from the App or any of brightlamp’s websites or other products, or use any method to copy or distribute the content of the App except as specifically allowed in these Terms of Service;
t. Solicit or attempt to solicit personal information from other users of the App;
u. Collect, harvest, or post anyone’s private information, including personally identifiable information (whether in text, image, or video form), identification documents, or financial information through the App; or
v. Upload or transmit, or attempt to upload or transmit, without brightlamp’s express permission, any material that acts as a passive or active information collection or transmission mechanism.
1.9. Suspension and Termination of Account and Service
WITHOUT LIMITING ANY OTHER REMEDIES, BRIGHTLAMP MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE APP OR PORTIONS THEREOF IF YOU ARE, OR BRIGHTLAMP SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE APP, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USERNAME AS A REUSLT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS, AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE APP, AND BRIGHTLAMP IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
THE APP AND OUR SITES, AND THEIR CONTENT, SERVICES, AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE APP IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF US OR OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS AND POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPECT OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS.
brightlamp reserves the right to stop offering and/or supporting the App or a particular part of the App at any time either permanently or temporarily, at which point your license to use the App or a part thereof will be automatically terminated or suspended. In such event, brightlamp shall not be required to provide refunds, benefits, or other compensation to users in connection with such discontinued elements of the App.