Terms of use

By using the Simple Contacts application and associated services (the "Services"), you are agreeing with Simple Contacts Inc. (the "Company", "we" or "us") to be bound by the following terms and conditions (these "Terms of Service"). The Services provide an online platform that connects you to a licensed Ophthalmologist or Optometrist that will perform a vision exam and may issue to you a prescription for purchase of corrective contact lenses. You may additionally purchase corrective contact lenses through the Services, but you are not required to do so. You understand and agree that the Company does not perform medical services; the Company only provides a platform by which you can obtain a prescription and purchase contact lenses on your mobile or web enabled device. By accepting this Terms of Service, you consent to having your vision evaluated by a properly licensed Ophthalmologist or Optometrist. Simple Contacts Inc., reserves the right to update and change these Terms of Service without notice.

Account Terms

You must be eighteen (18) years old or older to use the Services and create an account. You are responsible for maintaining the security of your account and password. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You are responsible for all information you provide us and for activity that occurs under your account. You may not use the Services for any illegal purpose or to violate any laws in your jurisdiction. You must provide truthful and accurate information necessary for the physician to review, and to place your orders. Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you'd like. By accessing or using the Services, you further represent, warrant, and agree that:

  • You are 18 or older;
  • You are purchasing the Services in good faith and you will only use the Services for your sole, personal use and you will not resell them to a third party;
  • You will not copy or distribute the Services or other Services content;
  • You will not upload or transmit any communications or content of any type that infringes or violates any rights of any party;
  • You will not use the Services for any purpose in violation of local, state, federal or international laws;
  • You will not use the Services as a means to distribute advertising or other unsolicited material to any third party;
  • You will not impersonate another person;
  • You will comply with all applicable third party terms of agreement when using the Services (e.g., your wireless data service agreement);
  • You will ensure that no unauthorized person shall have access to your mobile device or your Company passwords or accounts;
  • You will promptly notify us in the event your Company passwords or accounts have been compromised;
  • You will not assign or otherwise transfer your account to any other person or entity;
  • You will not try to harm the Services or impair the proper operation of the network in any way whatsoever;
  • You will provide us with whatever proof of identity we may request;
  • You do not have a history of health issues, including (but not limited to):
    • Cataracts
    • Color blindness
    • Current or frequent pain in your eyes
    • Cylinder greater than ±2.50
    • Diabetes
    • Double vision
    • Eye infection
    • Eye pain or discomfort
    • Eye surgery within past 12 months
    • Flashes or floaters in your vision
    • Foreign object in your eye
    • Glaucoma
    • Heart disease
    • Hereditary eye disease
    • High blood pressure
    • High cholesterol
    • History of a freckle or Nevus
    • History of any inflammatory disease or condition
    • HIV/AIDS
    • Keratoconus
    • Lazy Eye
    • Macular Degeneration
    • Migraines with visual distortions
    • Pregnant or nursing
    • Recent head trauma or surgery
    • Retinal Detachment
    • Sudden loss of vision in either eye
    • Taking a medication that affects your vision
    • Any illness that affects ocular health (ask your doctor)
  • You have stable vision and are happy with your current prescription;
  • You have had a dilated eye exam in the past 4 years; and
  • You live in one of the states we operate in listed at https://www.simplecontacts.com
We reserve the right to immediately terminate your use of the Services should you fail to comply with any of the foregoing rules.

Payment, Refunds and Feedback

You may purchase contact lenses through the Services at the prices listed, and you agree to pay the price detailed in your order(s). If you are using the Services to obtain a prescription, a $20 USD exam fee is included in your contact lens order, which will subsequently be paid to the examining medical practice on your behalf. If you choose not to purchase contact lenses, you will be responsible for paying the cost of the exam separately. The Company uses Stripe and Wells Fargo Bank, N.A., for payment processing. The Company does not have control over its payment processors and disclaims all liability with respect to them. If you are unhappy with the product you receive through an order for any reason, you may return it, unopened, at any time. If you'd like to return a product you may send an email to team@simplecontacts.com and a representative of the Company will provide you with return information. Additionally, if you have any complaints or feedback with respect to the Services, please forward those comments to team@simplecontacts.com. By sending us feedback you are granting us a perpetual, royalty-free, assignable and worldwide license to use that feedback for any lawful purpose, including but not limited to incorporating that feedback into the Services. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.

Cancellation and Termination

You may stop using the Services at any time. The Company, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Services for any reason at any time. Such termination of the Services will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your account. The Company reserves the right to refuse service to anyone for any reason at any time.

Medical Advice Disclaimer

When you use the Services, we may connect you, and information you provide us, with a medical practice in order to provide you a prescription via a remote vision exam. The scope of that exam is limited solely to determining a proper prescription for contact lenses and does not include tests for Glaucoma or other eye health issues. The exam is in no way a replacement for a dilated eye health examination (or any eye health examination), which would typically include evaluation of your medical history, visual acuity, pupils, side vision, eye movement, eye pressure, prescription for corrective lenses, as well as an examination of the front part of your eye including the eyelids, cornea, iris, and lens, and the back of your eye, including the retina and the optic nerve. When the Company connects you or your information to a medical practice, the Company is acting solely as a conduit between you and the medical practice that provides the vision exam, with no control over that interaction. In connecting you or your information to a medical practice, the Company is not directly providing you medical advice, diagnosis or treatment when making this connection on your behalf. Additionally, the Company will provide you the opportunity to purchase contact lenses through the Services once you have obtained a digital prescription. The medical practice that we connect you to is in no way affiliated with our sale of contact lenses, and you may take a prescription obtained through our Services to any contact lens retailer. If you think you may have a medical emergency, call your doctor or 911 immediately. Never disregard professional medical advice or delay in seeking it because of something you have read via the Services. You should always seek the advice of your qualified healthcare professionals with any questions or concerns you may have regarding potential eye-health conditions. The Company does not recommend or endorse any specific tests, healthcare providers, physicians, products, treatments, therapeutics, pharmaceuticals, devices, procedures, opinions or other information that may be included on, accessed through, sent through or made available for use or download through the Services. Reliance on any information appearing on, accessed through, sent through or made available for use or download through the Services, whether provided by Company, its content providers (including any healthcare providers who provide content through the Services), its clients, visitors to the Services or others, is solely at your own risk. By using the Services, you acknowledge that you have been counselled on safe contact lens usage by the medical practice that you have been connected with. Instructions for safe contact lens usage are shown below.

  • If you don't wear daily disposable contact lenses, you need to clean and disinfect your lenses every night. Rubbing your lenses with fresh solution is the most effective way to remove harmful pathogens. Contact lens cases should be replaced no less frequently than every 3 months. Waiting to replace 6 months or more can significantly increase your risk of an infection.
  • The recommended way to care for your case is to rub and rinse it with solution daily, dry with a clean tissue, and store it upside down on a soft tissue with the caps off.
  • Do not sleep in your contact lenses. Overnight wear of contact lenses can significantly increase your risk of serious infection, even if just occasional.
  • Wash and dry your hands before handling your lenses, and take them out before swimming, showering, or other activities where your head may be underwater.
If you develop redness, pain, or decreased vision while wearing your contacts, immediately visit your Ophthalmologist or an emergency room.

Modifications to Our Service

The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Services with or without notice. The Company shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services or its corresponding services.

Copyright and Content Ownership

The look and feel of the Services is the copyright of Simple Contacts Inc. All rights reserved. You may not duplicate, copy, or reuse any portion of the source code or visual design elements without express written permission from the Company. Notwithstanding the foregoing, the company grants you a limited, non-exclusive, non-transferable and revocable license to use the Services, subject to your compliance with these Terms of Service.

Warranties

THE SERVICES AND GOODS ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE COMPANY MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE COMPANY, OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT HOLD THE COMPANY LIABLE FOR DAMAGES, DIRECT OR INDIRECT, THAT RESULT FROM YOUR USE OF THE SERVICES.

Indemnification

You agree to defend, indemnify and hold Company harmless from and against all third party claims, damages and expenses (including reasonable attorneys' fees) against or incurred by Company arising out of your breach of these Terms of Service or violation of applicable law, your use or access of the Services and/or any Content, or access by anyone accessing the Services and/or any Content using your user ID and password.

General Conditions

Your use of the Services is at your sole risk. The service is provided on an "as is" and "as available" basis. You understand that the Company uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services. You must not modify, adapt or hack the Services. You must not modify another website so as to falsely imply that it is associated with the Services or the Company. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission by the Company. We may, but have no obligation to, remove content and accounts that we determine in our sole discretion are unlawful or violates these Terms of Service. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Services customer will result in immediate account termination. You understand that the technical processing and transmission of the Services, including your information, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices, which may alter transmissions over various networks. The failure of the Company to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and the Company and govern your use of the Service, superseding any prior agreements between you and the Company (including, but not limited to, any prior versions of the Terms of Service).

Miscellaneous

These Terms of Use and your use of the Site shall be governed by the laws of the State of New York, without giving effect to the principles of conflict of laws. Any dispute arising under or relating in any way to these Terms of Use will be resolved exclusively by final and binding arbitration in New York, New York under the rules of the American Arbitration Association, except that either party may bring a claim related to intellectual property rights, or seek temporary and preliminary specific performance and injunctive relief, in any court of competent jurisdiction, without the posting of bond or other security. The parties agree to the personal and subject matter jurisdiction and venue of the courts located in New York, New York, for any action related to these Terms of Use. You understand that by using the Services, or by otherwise checking the "agree" box for these Terms of Use and/or any other forms presented to you on the Site you are agreeing to these Terms of Use and that such action constitutes a legal signature. You agree that we may send to you any privacy or other notices, disclosures, or communications regarding the Services (collectively, "Communications") through electronic means including but not limited to: (1) by e-mail, using the address that you provided to us during registration, (2) short message service ("SMS") text message to the mobile number you provided us during registration, or (3) push notifications on your mobile device or (4) by posting the Communications on our website or web application. The delivery of any Communications from us is effective when sent by us, regardless of whether you read the Communication when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Communications by email by canceling or discontinuing your use of the Services. You can opt-out of future Communications through SMS text message by replying "STOP" or by calling Company customer support. No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. Company devotes considerable effort to optimizing signal strength and diagnosis deficiencies but is not responsible for the internet or data bandwidth and signal of your mobile device. Please report any violations of these Terms of Use to team@simplecontacts.com.

NOTICE OF COPYRIGHT INFRINGEMENT

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on our website or web app infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office Web site, currently located at http://www.loc.gov/copyright. In accordance with the DMCA, Company has designated an agent to receive notification of alleged copyright infringement in accordance with the DMCA. Any written Notification of Claimed infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to Simple Contacts, Inc., 228 Park Ave S #20627, New York, New York, 10003.