Terms and Conditions

These terms of use (as amended from time to time, the “Terms”) together with any supplemental rules and regulations, such as the Privacy Policy, govern your access to and use of the services available on our mobile application and website (the “Application”) operated by EYEFITU AG, Geissbüelstrasse 2, 8704 Herrliberg/Zurich, Switzerland (“EYEFITU”). Your access to the Application and use of our services is subject to your acceptance of and compliance with these Terms. By accessing the Application or using our services you agree to accept and be bound by the current version of these Terms. In case you do not agree to the current version of these Terms, you are not authorized to continue accessing the Application or using our services.

Our Application provides you with sizing recommendations and similar information (collectively the “Information”) compiled based on the details specified by you, such as body measurements, gender, age, height, and weight, (the “Data”). The Information generated by EYEFITU is for information purposes only.

The form and nature of the Application may change from time to time without prior notice to you. In addition, we may stop permanently or temporarily at any time operating the Application or any features within the Application towards you or towards users generally and may not be able to provide you with prior notice. We also retain the right to create limits on the use storage at our sole discretion at any time without prior notice to you.

The collection and use of the Data which you provide are subject to our Privacy Policy. By using the Application you consent to the collection and use of the Data by EYEFITU in accordance with the Privacy Policy.

We reserve the right at all times (but we will not have an obligation) to remove or refuse to distribute any Information or Data and to terminate users or reclaim user names. We also reserve the right to access, read, preserve and disclose any Information or Data to the extent we reasonably believe it is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigations of a potential violation thereof, (iii) detect, prevent or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or to (v) protect the rights, property or safety of EYEFITU, its users and the public. Accounts that are inactive for more than six months may be removed without prior notice.

There are limitations on the use of the Application. These limitations comply with legal requirements and aim to protect our users from abuse and to make the use of the Application the best possible experience for all users. We may need to change these rules from time to time and reserve the right to do so. No abuse of our Application will be tolerated. Any violation of these rules may lead to a temporary or the permanent suspension of all related accounts. Accounts created to replace suspended accounts will be permanently suspended

Unlawful Use: You shall not use the Application or any Information provided for any unlawful purposes or in furtherance of any illegal activities. International users are required to comply with all applicable local laws regarding online conduct and acceptable content.

Unauthorized Access: You shall not do any of the following while accessing or using the Application: (i) access, tamper with or use non-public areas of the Application (except for your own account), EYEFITU computer systems or the technical delivery systems of our providers; (ii) probe, scan or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) attempt to access or search the Application or any Data by any means (automated or otherwise) other than through our currently available, published interfaces; or (iv) interfere with or disrupt, or attempt to do so, the access of any user, host or network.

Respect for Privacy of Third Parties: You shall not disclose other people’s Data without their express authorization and permission.

No Reproduction: You shall not reproduce, duplicate, copy, sell, trade or resell the Application content and its design and look or any Information derived from the Application. You are not entitled to modify or redistribute the Application content and its design and look or any Information or to reproduce, store, link, frame or deep-link it on any other Application or in any other medium or format without our prior written consent. Further, you shall not use the Application for commercial exploitation in any circumstances.

No Malware: You shall not provide any malicious content intended to damage or disrupt another user’s browser or computer or to compromise a user’s privacy.

All copyright, database right, patent, other intellectual property right, title and interest in and to the Application and any Information (excluding the Data provided by the users of the Application) are and will remain the exclusive property of EYEFITU and its licensors. The elements of the Application, including but not limited to the general design and the imagery, and any Information are protected by copyright, trademark, patent and other laws relating to intellectual property rights of both Switzerland and foreign countries. Nothing in these Terms gives you a right to use the EYEFITU name or any of EYEFITU’s trademarks, logos, domain names and other distinctive brand features. You are permitted to download and print any Information from the Application solely for your own personal use and/or internal business purposes. You are not entitled to use the content of the Application for commercial exploitation in any circumstances. In case you breach the terms of this provision, EYEFITU will have the right to claim damages against you which shall include the right to claim special, incidental, consequential or indirect damages and loss of profits.

Whilst we endeavor to ensure the accuracy of the Information, neither EYEFITU nor any of its directors, officers, employees, agents, partners, affiliates and licensors may be held responsible for any omissions or errors of the Information or for any loss or damages which may subsequently arise.

Any Information transmitted via the Application will pass over public telecommunications networks. EYEFITU does not give any warranty or undertaking and does not make any representation that the operation of the Application will be secure, uninterrupted or error free.

The Application may contain links to third-party Applications or materials supplied by or contained on any third-party Application which is linked from or to the Application. EYEFITU does not accept any responsibility or liability for: (i) the availability or accuracy of such Applications or material or (ii) the content, products or services on or available from such Applications or materials. Links to such Applications or materials do not imply any endorsement by EYEFITU of such Applications or materials or the content, products or services available from such Applications or materials. You acknowledge sole responsibility for and assume all risks arising from your use of any such Applications or materials.

EYEFITU provides the content of the Application and any Information in good faith, but your access to and use of the Application is at your own risk. EYEFITU operates the Application on an “as is” and “as available” basis without warranty of any kind, whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement of any copyrights, database rights, patents, trademarks or any other intellectual property rights in the jurisdiction in which you access and/or use the Application. EYEFITU gives no warranty or undertaking or representation for the completeness, accuracy, availability, timeliness, security or reliability of the Application or that the Information is of satisfactory quality, up to date or free from viruses, trojans or other harmful or malicious programs. EYEFITU will not be responsible or liable for any harm to your computer system, loss of data or other harm resulting from your access to or use of the Application or for the deletion of, or the failure to store or to transmit, any Data or Information and other communications. EYEFITU makes no warranty that the Application 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 EYEFITU or the Application, shall create any implied warranty.

EYEFITU and its directors, officers, employees, agents, partners, affiliates and licensors shall in no way be responsible for any decisions you may make based on the use of Application and/or the Information. You hereby waive any claim you may have or acquire against EYEFITU or any of its directors, officers, employees, agents, partners, affiliates and licensors and indemnify and hold EYEFITU or any of its directors, officers, employees, agents, partners, affiliates and licensors harmless from any claims, proceedings, costs, special, incidental, consequential or indirect damages and loss of profits relating to your use of the Information.

To the maximum extent permitted by applicable laws, EYEFITU and its directors, officers, employees, agents, partners, affiliates and licensors shall not be liable for any losses or direct, indirect, incidental, special, consequential or punitive damages, including without limitation loss of profits, data, use, good-will or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Application, (ii) the use of any Information; and (iii) any unauthorized access, use or alteration of your transmissions of Data, in each case however they may arise and whether based on contract, tort or any other legal basis, whether or not foreseeable and irrespective of whether EYEFITU has been informed in advance about the possibility of such damage.

The failure of EYEFITU to enforce any right or provision of these Terms shall not be deemed to be a waiver of such right or provision.

These Terms, together with any supplemental rules and regulations, such as the Privacy Policy, are the entire and exclusive agreement between EYEFITU and you regarding the use of the Application, and shall supersede and replace any prior agreements between EYEFITU and you regarding the use of the Application. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms shall remain in full force and effect.

EYEFITU operates the Application from Switzerland and the Information is deemed to have been delivered in Switzerland. You are only allowed to access the Application if you are entitled to enter into a binding contract with EYEFITU and are not a person barred from accessing the Application according to the applicable law. You undertake to access the Application solely in compliance with these Terms and all applicable rules and regulations. The Application is not directed to any person to whom (by reason of such person’s nationality, residence or otherwise) the publication or availability of the Application is prohibited. Persons to whom such restrictions apply must not access the Application. If you choose to access the Application from outside Switzerland you are solely responsible for compliance with any applicable local laws.

These Terms and the use of the Application shall in all respects be governed by Swiss substantive law. Any dispute arising out of or in connection with these Terms and/or the use of the Application shall be subject to the exclusive jurisdiction of the courts of Zurich, Switzerland, and you consent to such jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

We may revise these Terms from time to time. The most current version will be available on our Application. Revised Terms shall become effective from the date of publication on the Application. By continuing to access the Application after those revisions become effective, you agree to and accept to be bound by the revised Terms.

Version: December 19th, 2014