Terms and Conditions

I. PRIVACY

By using the Services, you consent to our processing of your information consistent with Wise Eyes App privacy policy.

II. IMPORTANT INFORMATION ABOUT YOUR USE OF THE SERVICES 

Mobile Terms and Conditions

Effective Date: 10/01/2024

This Agreement provides the agreed-to terms and conditions of use for the Wise Eyes App (hereinafter “App") and www.wiseeyesapp.com (hereinafter “Website”).

As used herein "Provider" means Qbells, LLC, their affiliates, professional corporations, subsidiaries, successors, agents, employees, and assignees. As used herein, "User" means any person or entity who makes use of the Wise Eyes App, including individuals using the Amsler grid and/or TV Static application to make tracings or a physician/healthcare-provider who is reviewing the grid tracings. You the User, as a condition precedent to your making any use of this App, hereby agree to all of the terms and conditions stated herein, and you also specifically agree to the disclaimer(s) stated herein and/or implied as a matter of law. 

YOUR USE OF WISE EYES APP & WEBSITE

User hereby acknowledges and agrees that the use of this App and/or Website and its content does not constitute or imply the providing of professional medical or other health care advice or service, and is not to be used to self-diagnose or treat a medical or eye condition. This App and/or the Website is intended for educational/information purposes only. It is hereby agreed that Providers shall not be liable or responsible for any content, accuracy or opinions expressed. At no time are Providers obligated to provide Users medical consultation or follow up, or provide office appointment or emergency or hospital care or surgery for any request through this App and/or Website. 

It is further agreed that Providers are not liable or responsible for any failure of App and/or Website from software, hardware or update in its content including inaccuracies, typographical errors, viruses, spyware or malware. 

The User acknowledges, agrees and understands that treatment and/or therapy for any medical disease or condition and, in particular, Macular Degeneration, is constantly evolving and must start from an in-person medical examination by a qualified doctor, and so any content in this App and/or Website referring to such diagnostic or treatment plans is intended for discussion and informational purposes only.

Providers do not warrant, state or imply that this App and/or the Website is updated to reflect the ever-evolving changes in medicine to meet the User's general or medical condition or needs. The Provider has no obligation to provide updates, maintenance or support. The Provider does not state, warrant, or guarantee that this App and/or the Website will be free of viruses. User hereby expressly agrees that under no circumstances will Provider be liable to User for any medical, legal, financial, business, technical or reputation damages or losses including: litigation, legal fees, punitive damages, or charges incurred. If you the User do not agree to all the terms and conditions of this Agreement and its limitations of liability, the Provider does not agree to or authorize your use of this App and/or the Website for any purpose whether on your device or another device not owned by you the User. 

The unauthorized use or display of this App or any of its content or materials is explicitly prohibited. All title, right, and interest in the content, source code, and intellectual property right is owned and controlled by Provider. User hereby agrees that User shall not use this App and/or the Website in any way that might or could be harmful or injurious to the Provider including the Provider's reputation, goodwill, and business interests, or that might or could impair, disable, damage, or modify this App and/or the Website. 

The User hereby specifically agrees not to use this App and/or the Website for any unlawful purpose, including hacking, data-mining, reverse engineering or any attempt to obtain this App's source code. The User also acknowledges, and agrees that the content, source code, methodology and mode of practice of this App and Provider's business and medical practice are proprietary, and highly confidential. 

The Provider reserves the right to consider any such violation or attempt a breach of this Agreement. You the User agree to indemnify, and hold harmless the Provider, affiliates, agents, successors, and assignees from any and all claims, actions, suits, proceedings, costs, expenses, damages, liabilities, and attorney fees arising from or in any way related to your use of this App's information obtained through this App and/or the Website.

It is hereby agreed that this Agreement shall be construed and interpreted under and governed by the laws of the state of Arizona and the United States of America. By your use of this App and/or the Website, you hereby agree that the forum for any dispute arising out of or in connection with your use of this App shall be Maricopa County, Arizona’s state courts. In addition, by your use of this App and/or the Website, you agree that Arizona’s State Court shall have both subject matter and personal jurisdiction over any such dispute, and you the User, and User hereby waives any challenges to forum jurisdiction in Phoenix, AZ and hereby accepts venue there for any such actions. User agrees to pay all Providers expenses associated with any litigation arising from or in connection with User's use of this App, including Provider's attorney's fees and court fees as well as loss of business income.

Do not disregard medical advice from your regular doctor or other health professional because of information provided by the Wise Eyes App.

Wise Eyes App is a technology platform and, as such, is not licensed to practice medicine and does not render medical care or medical advice. UNDER NO CIRCUMSTANCE SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE WEBSITE OR THE APP OR RELIANCE ON ANY INFORMATION PROVIDED ON THE SITE AND OUR MOBILE APPLICATION. YOUR USE OF THE WEBSITE AND THE APP AND YOUR RELIANCE ON ANY INFORMATION ON THE SITE AND OUR MOBILE APPLICATION IS SOLELY AT YOUR OWN RISK.

III. EXTERNAL LINKS DISCLAIMER
The Website and the App may contain (or you may be sent through the website or the app) links to other websites or content belonging to or originating from third parties or links to websites and features in banners or other advertising. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability, or completeness by us. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OFFERED BY THIRD-PARTY WEBSITES LINKED THROUGH THE WEBSITE OR ANY WEBSITE OR FEATURE LINKED IN ANY BANNER OR OTHER ADVERTISING. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

IV. TESTIMONIALS DISCLAIMER
The Website may contain testimonials by users of our products and/or services. These testimonials reflect the real-life experiences and opinions of such users. However, the experiences are personal to those particular users, and may not necessarily be representative of all users of our products and/or services. We do not claim, and you should not assume, that all users will have the same experiences. YOUR INDIVIDUAL RESULTS MAY VARY.

The testimonials on the Website are submitted in various forms such as text, audio and/or video, and are reviewed by us before being posted. They appear on the Website verbatim as given by the users, except for the correction of grammar or typing -errors. Some testimonials may have been shortened for the sake of brevity where the full testimonial contained extraneous information not relevant to the general public.

The views and opinions contained in the testimonials belong solely to the individual user and do not reflect our views and opinions. We are not affiliated with users who provide testimonials, and users are not paid or otherwise compensated for their testimonials.

The testimonials on the Website are not intended, nor should they be construed, as claims that our products and/or services can be used to diagnose, treat, mitigate, cure, prevent, or otherwise be used for any disease or medical condition. No testimonials have been clinically proven or evaluated.