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Terms of Service

Tagasi

Last Updated: December 17, 2024

1. Agreement to Terms

By accessing or using Visual Field Test (the "Service"), operated by MB Skydis ("Company", "we", "us", or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not access or use the Service.

By using the Service, you represent that you are at least 18 years of age, or if you are under 18, that you have obtained parental or guardian consent to use the Service.

2. Important Medical Disclaimer

THIS IS NOT A MEDICAL DEVICE

Visual Field Test is NOT a medical device, diagnostic tool, or substitute for professional medical care.

  • This Service is provided for educational and informational purposes only.
  • Results from this Service do not constitute a medical diagnosis, medical advice, or a recommendation for treatment.
  • This Service has NOT been evaluated, cleared, or approved by any regulatory agency, including but not limited to the FDA (U.S. Food and Drug Administration), CE marking authorities, or any other medical device regulatory body.
  • You must NOT use the results of this Service to make medical decisions, including but not limited to decisions about treatment, medication, surgery, or lifestyle changes.
  • You must NOT rely on this Service in lieu of professional medical evaluation, diagnosis, or treatment.
  • If you have any concerns about your vision or eye health, you MUST consult a qualified ophthalmologist, optometrist, or other licensed healthcare professional.
  • Any delay in seeking proper medical attention due to reliance on this Service may result in serious harm, including permanent vision loss.

BY USING THIS SERVICE, YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT HOLD MB SKYDIS, ITS OWNERS, EMPLOYEES, AFFILIATES, OR PARTNERS LIABLE FOR ANY CONSEQUENCES ARISING FROM YOUR USE OF THIS SERVICE OR YOUR RELIANCE ON ANY INFORMATION PROVIDED BY THIS SERVICE.

3. Nature of the Service

Visual Field Test is an online visual field screening simulation that allows users to:

  • Perform self-administered visual field screening exercises
  • View educational information about visual field testing and eye health
  • Track screening results over time (with a subscription)
  • Access AI-generated educational interpretations of screening results

The Service is designed to simulate some aspects of professional visual field testing equipment. However, it operates on consumer devices (computers, tablets, phones) that are not calibrated medical instruments. Results may be affected by screen brightness, ambient lighting, viewing distance, user technique, and many other variables that cannot be controlled in a home environment.

4. Educational Content and Research Articles

The Service may include educational articles, blog posts, and other informational content ("Content") related to eye health, vision conditions, and related topics. Regarding this Content:

  • All Content is provided for informational and educational purposes only.
  • Content does not constitute medical advice and should not be relied upon as such.
  • We do not guarantee the accuracy, completeness, or timeliness of any Content.
  • Content may include information from third-party sources, and you are solely responsible for verifying any claims, sources, data, or recommendations before acting upon them.
  • We may use artificial intelligence to generate or assist in creating Content. AI-generated content may contain errors, inaccuracies, or outdated information.
  • References to medical studies, research papers, or clinical data are for educational illustration only. You should verify all cited sources independently.
  • The Company disclaims all liability for any actions taken or not taken based on any Content provided through the Service.

5. User Accounts and Subscriptions

Certain features of the Service require creating an account and/or purchasing a subscription. By creating an account or subscribing:

  • You agree to provide accurate and complete information.
  • You are responsible for maintaining the confidentiality of your account credentials.
  • You are responsible for all activities that occur under your account.
  • You must notify us immediately of any unauthorized use of your account.

Subscription Terms:

  • Subscriptions are billed on a recurring monthly basis through Stripe.
  • You may cancel your subscription at any time through your account settings or the Stripe customer portal.
  • Cancellation takes effect at the end of your current billing period. No partial refunds are provided.
  • We reserve the right to modify subscription pricing with reasonable notice.
  • Free trials, if offered, may be limited to one per user. We reserve the right to charge for the subscription if we detect abuse of the trial system.

6. Refund Policy

Due to the digital nature of the Service:

  • All sales are final. We generally do not offer refunds for subscription payments.
  • If you experience technical issues that prevent you from using the Service, please contact us at info@mbskydis.com within 7 days of payment. We will review requests on a case-by-case basis.
  • Chargebacks or payment disputes filed without first contacting us may result in permanent account suspension.

7. Acceptable Use

You agree not to:

  • Use the Service for any unlawful purpose or in violation of any applicable laws.
  • Attempt to reverse engineer, decompile, or disassemble the Service.
  • Interfere with or disrupt the Service or servers or networks connected to the Service.
  • Attempt to gain unauthorized access to any portion of the Service or any systems or networks connected to it.
  • Use automated means (bots, scrapers, etc.) to access the Service without our express written permission.
  • Share your account credentials with others or allow others to use your subscription.
  • Misrepresent the results or nature of the Service to third parties.
  • Use the Service to provide medical advice or diagnostic services to others.

8. Intellectual Property

The Service, including all content, features, and functionality (including but not limited to text, graphics, logos, icons, images, audio clips, software, and code) is owned by MB Skydis and is protected by copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable license to access and use the Service for personal, non-commercial purposes in accordance with these Terms.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
  • WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
  • WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT OR RESULTS
  • WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS

WE DO NOT WARRANT THAT THE RESULTS OF THE VISUAL FIELD SCREENING WILL BE ACCURATE, RELIABLE, OR INDICATIVE OF ANY ACTUAL MEDICAL CONDITION. RESULTS MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND OUR CONTROL.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MB SKYDIS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, PARTNERS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY:

  • INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
  • LOSS OF PROFITS, REVENUE, DATA, OR USE
  • PERSONAL INJURY, PHYSICAL HARM, OR MEDICAL CONDITIONS (INCLUDING VISION LOSS OR DETERIORATION)
  • DAMAGES ARISING FROM DELAYED OR MISSED MEDICAL DIAGNOSIS OR TREATMENT
  • DAMAGES ARISING FROM RELIANCE ON ANY CONTENT OR RESULTS PROVIDED BY THE SERVICE
  • DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR DATA

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR FIFTY EUROS (€50), WHICHEVER IS GREATER.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.

11. Indemnification

You agree to defend, indemnify, and hold harmless MB Skydis and its officers, directors, employees, agents, affiliates, partners, licensors, and service providers from and against any claims, damages, obligations, losses, liabilities, costs, or expenses (including reasonable attorneys' fees) arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any rights of another party, including intellectual property rights
  • Any claim that your use of the Service caused damage to a third party
  • Any medical decisions, actions, or inactions you take based on the Service or its Content

12. Third-Party Services

The Service integrates with or links to third-party services, including but not limited to:

  • Google Firebase: For authentication and data storage
  • Stripe: For payment processing
  • OpenAI: For AI-powered analysis and content generation
  • Meta/Facebook: For advertising, remarketing, and conversion tracking
  • Google Ads & Analytics: For advertising, remarketing, and conversion tracking
  • Microsoft Clarity: For analytics and user experience improvement

Your use of these third-party services is subject to their respective terms and privacy policies. We are not responsible for the practices, content, or availability of these third-party services.

13. Affiliate and Partner Program

We offer an affiliate/partner program that allows participants to earn commissions or provide discounts by referring new subscribers to the Service. By participating in our partner program, you agree to the following terms:

13.1 Program Tiers

We offer three partnership tiers:

  • Standard Affiliate: Earn 30% recurring commission on each active subscription you refer. Referred users pay the standard subscription price.
  • Shared Value Partner: Earn 20% recurring commission while offering referred users a 10% discount. You receive both a referral link and a personal discount code.
  • Discount-Only Partner: Offer referred users a 20% discount with no commission earned. This tier has no financial relationship with us.

13.2 Payout Terms

  • Minimum Payout Threshold: $10.00 USD. Commissions below this threshold will accumulate until the minimum is reached.
  • Payout Schedule: NET-30. Payouts are generated 30 days after the end of each month for the previous month's commissions.
  • Payout Method: PayPal. You are responsible for maintaining accurate PayPal account information.
  • Currency: All commissions are calculated and paid in USD.
  • Taxes: You are solely responsible for reporting and paying any taxes owed on affiliate earnings in your jurisdiction.

13.3 Referral Tracking

  • Cookie Duration: Referral tracking cookies are valid for 90 days. If a visitor clicks your affiliate link and subscribes within 90 days, you will receive credit for the referral.
  • Referrals may also be tracked via your personal discount code, regardless of cookie status.
  • If a visitor clicks multiple affiliate links, the most recent click (last-click attribution) determines which affiliate receives credit.

13.4 Commission Calculation

  • Commissions are calculated on the net amount received after payment processing fees and any applicable discounts.
  • Commissions are earned only on successful, non-refunded payments.
  • If a referred subscriber requests a refund or initiates a chargeback, the corresponding commission will be deducted from your balance.
  • Late chargebacks: If a chargeback or refund occurs after the commission has already been paid to you, your balance will become negative. This negative balance will be deducted from future earnings. If you leave the program with a negative balance, you agree to repay the owed amount within 30 days upon request.
  • Recurring commissions continue for as long as the referred subscriber maintains an active subscription.

13.5 Prohibited Activities

As an affiliate or partner, you must NOT:

  • Use spam, unsolicited emails, or deceptive marketing practices
  • Make false, misleading, or unsubstantiated claims about the Service
  • Represent the Service as a medical device or diagnostic tool
  • Suggest that the Service can diagnose, treat, cure, or prevent any medical condition
  • Bid on our brand name or variations thereof in paid search advertising
  • Create fake accounts or generate fraudulent referrals
  • Use cookie stuffing, forced clicks, or other deceptive tracking methods
  • Use your own referral link or discount code for personal purchases
  • Incentivize referrals with cash-back, rebates, or other inducements not approved by us

13.6 Program Changes and Termination

  • We reserve the right to modify commission rates, payout terms, or program structure with 30 days' notice.
  • We may terminate your participation in the program immediately if you violate these Terms or engage in prohibited activities.
  • Upon termination for cause, any unpaid commissions may be forfeited.
  • You may leave the program at any time. Earned commissions above the minimum threshold will be paid according to the normal schedule.
  • We reserve the right to discontinue the affiliate program entirely with 60 days' notice.

13.7 Affiliate Disclaimer

Participation in our affiliate program does not create an employment, agency, partnership, or joint venture relationship between you and MB Skydis. You are an independent contractor and are solely responsible for your own taxes, insurance, and compliance with applicable laws.

14. Modifications to the Service and Terms

We reserve the right to:

  • Modify, suspend, or discontinue any part of the Service at any time without notice.
  • Update these Terms at any time. We will post the updated Terms on this page with a new "Last Updated" date.
  • Your continued use of the Service after any changes constitutes acceptance of the modified Terms.

15. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms.

Upon termination, your right to use the Service will immediately cease. We are not liable for any loss of data or access resulting from termination.

16. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Republic of Lithuania, without regard to its conflict of law provisions.

Any disputes arising out of or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be submitted to the courts of Vilnius, Lithuania.

If you are a consumer residing in the European Union, you may also have recourse to the European Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.

17. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its intent.

18. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published on the Service, constitute the entire agreement between you and MB Skydis regarding your use of the Service and supersede all prior agreements and understandings.

19. Contact Information

If you have any questions about these Terms of Service, please contact us at:

MB Skydis

Email: info@mbskydis.com

Acknowledgment

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. YOU FURTHER ACKNOWLEDGE THAT THIS SERVICE IS NOT A MEDICAL DEVICE AND THAT YOU WILL SEEK PROFESSIONAL MEDICAL ADVICE FOR ANY CONCERNS ABOUT YOUR VISION OR EYE HEALTH.