MyDryEye Terms and Conditions of Use
Last Updated: 24 Apr 2023
Welcome to MyDryEye, a mobile application (the "App") designed to help users manage their Dry Eye Disease Treatment Compliance. These Terms and Conditions ("Terms") govern your access to and use of the App, as well as any content, functionality, and services offered on or through the App. By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the App.
1. Eligibility
To use the App, you must be at least 18 years of age or the age of legal majority in your jurisdiction. By agreeing to these Terms, you represent and warrant that you meet the eligibility requirements.
2. License Grant
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App on a compatible mobile device solely for your personal, non-commercial use.
3. Restrictions
You agree not to use the App for any purpose other than as authorized by these Terms. You shall not: (a) copy, modify, or create derivative works of the App; (b) reverse-engineer, disassemble, or attempt to derive the source code of the App; (c) sell, sublicense, or distribute the App or any part thereof; (d) use the App for any illegal or unauthorized purpose; (e) access or use the App in a manner that infringes on the intellectual property rights or privacy rights of others; or (f) use the App to transmit any viruses, worms, or other harmful code.
4. Intellectual Property Rights
The App, including all content, features, and functionality, is owned by MyDryEye or its licensors and is protected by copyright, trademark, and other intellectual property laws. Except as expressly provided in these Terms, all rights are reserved by MyDryEye and its licensors.
5. User Content
You are solely responsible for any content you submit, post, or transmit through the App, including any data, text, images, or other materials ("User Content"). By submitting User Content, you grant MyDryEye a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and sublicensable right to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in any media now known or hereafter developed.
6. Privacy
Your use of the App is subject to our Privacy Policy, which is incorporated into these Terms by reference. By using the App, you acknowledge and consent to our collection, use, and disclosure of your personal information as described in our Privacy Policy.
7. Third-Party Services
The App may contain links to third-party websites or services that are not owned or controlled by MyDryEye. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that MyDryEye shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
8. Disclaimer of Warranties
The App is provided "as is" and "as available," without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement. MyDryEye does not warrant that the App will be error-free, uninterrupted, secure, or free from viruses or other harmful components.
9. Limitation of Liability
In no event shall MyDryEye, its affiliates, licensors, employees, agents, or representatives be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the App; (b) any conduct or content of any third party on the App; (c) any content obtained from the App; or (d) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose.
10. Indemnification
You agree to defend, indemnify, and hold harmless MyDryEye, its affiliates, licensors, employees, agents, and representatives from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the App, your User Content, or your violation of these Terms.
11. Termination
We may terminate or suspend your access to the App immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach these Terms. Upon termination, your right to use the App will immediately cease.
12.) Governing Law
These Terms shall be governed and construed in accordance with the laws of the jurisdiction in which MyDryEye is incorporated, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within that jurisdiction for the purpose of litigating all disputes arising out of or relating to these Terms.
13. Changes to These Terms
We reserve the right to update or modify these Terms at any time, and it is your responsibility to review these Terms periodically. Your continued use of the App following the posting of any changes to the Terms constitutes your acceptance of those changes.
14. Contact Us
If you have any questions about these Terms, please contact us at mark.nattriss@wolffsohnresearch.com.
15. Severability
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.
16. Entire Agreement
These Terms, together with any other legal notices and agreements published by MyDryEye on the App, shall constitute the entire agreement between you and MyDryEye concerning your use of the App, superseding any prior agreements, understandings, or representations between you and MyDryEye.