Terms of Service

• The Services do not diagnose disease or replace comprehensive eye exams performed by licensed professionals.
• Any medical or prescription data surfaced by our kiosks is informational and should be confirmed by an optometrist or ophthalmologist before use.
• You remain responsible for complying with all laws and professional obligations applicable to the practice of optometry or optical retail.
• Always seek the advice of a qualified eye-care professional with any questions you may have regarding a medical condition or treatment.

Payments

• You authorize us and our payment processors to charge your selected payment method for orders, subscriptions, or usage fees.
• Prices are displayed in U.S. dollars unless otherwise specified and may change with reasonable prior notice.
• If you do not agree to new prices, you must cancel your subscription prior to the effective date of the price change.
• All payments are non-refundable except as expressly set forth in Section 6 (Returns, Refunds, and Cancellations).

Subscriptions

• Subscription services automatically renew at the end of each billing period unless you cancel before the renewal date.
• You may cancel your subscription at any time through your account settings or by contacting support.
• Cancellation takes effect at the end of the current billing period; you will retain access until then.

Order fulfillment

• Order fulfillment dates are estimates and not guarantees.
• We will notify you of material delays or if we cannot complete an order after accepting payment.
• Title and risk of loss for physical products pass to you upon delivery to the carrier.

Eyewear returns

• Prescription eyewear may be returned within thirty (30) days of delivery if it does not meet your prescription requirements or has a manufacturing defect.
• Non-prescription items (e.g., frames without lenses, accessories) may be returned within fourteen (14) days if unused and in original packaging.
• Custom or personalized items are non-returnable unless defective.
• To initiate a return, contact support@eyekiosk.online with your order number.

Refund processing

• Approved refunds will be credited to your original payment method within ten (10) business days.
• Shipping costs are non-refundable unless the return is due to our error or a defective product.
• We reserve the right to refuse returns that do not meet these conditions.

Subscription cancellations

• You may cancel a subscription at any time; cancellation takes effect at the end of the current billing period.
• Refunds for partial subscription periods are not provided.

• Attempt to reverse engineer, decompile, disassemble, or tamper with kiosk hardware, software, or security controls.
• Upload, transmit, or distribute unlawful, infringing, defamatory, obscene, or harmful content.
• Use the Services to develop a competing product or harvest data outside of approved integrations.
• Interfere with or disrupt the integrity or performance of the Services or related systems.
• Attempt to gain unauthorized access to any portion of the Services or any systems connected to the Services.
• Use any automated means (bots, scrapers, etc.) to access the Services without our express written permission.
• Impersonate any person or entity or misrepresent your affiliation with any person or entity.

• Hardware is warranted against defects in materials and workmanship for a period of one (1) year from the date of delivery ("Warranty Period").
• During the Warranty Period, we will repair or replace (at our option) any hardware that proves defective under normal use, at no charge for parts or labor.
• This warranty does not cover damage caused by accident, misuse, modification, improper installation, unauthorized repair, or normal wear and tear.
• Warranty service requires you to contact support, obtain a return authorization, and ship the hardware to our designated service center (we will reimburse reasonable shipping costs for valid warranty claims).
• EXCEPT FOR THE EXPRESS WARRANTY ABOVE, WE MAKE NO OTHER WARRANTIES REGARDING HARDWARE, EXPRESS OR IMPLIED.

• THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
• WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
• WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
• WE DO NOT WARRANT THAT MEASUREMENTS, RECOMMENDATIONS, OR RESULTS OBTAINED FROM THE SERVICES WILL BE ACCURATE OR RELIABLE OR WILL MEET YOUR REQUIREMENTS.
• NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SERVICES CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

• OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) FIVE HUNDRED DOLLARS ($500).
• WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES.
• THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

• Your use of the Services or any activity under your account.
• Your breach of these Terms or violation of any applicable law.
• Your violation of any third-party rights, including intellectual property or privacy rights.
• Any content you submit, post, or transmit through the Services.

Informal resolution

• Before filing any formal dispute, you agree to contact us at legal@eyekiosk.online to attempt to resolve the dispute informally for at least thirty (30) days.

Binding arbitration

• Any dispute not resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.
• The arbitration shall take place in Wilmington, Delaware, or another mutually agreed location.
• The arbitrator's decision shall be final and binding, and judgment may be entered in any court of competent jurisdiction.
• Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm.

• Message frequency depends on account activity. Message and data rates may apply.
• Reply STOP to opt out of SMS messages at any time or HELP for assistance.
• You can also revoke consent through support. SMS consent is not required to complete a purchase.
• We do not share your phone number with third parties for marketing purposes.

• Your right to use the Services immediately ceases.
• We may delete your account and any data associated with it, subject to our data retention policies and legal obligations.
• Provisions that by their nature should survive termination shall survive, including but not limited to intellectual property rights, disclaimers, limitations of liability, indemnification, and dispute resolution.
• You may terminate your account at any time by contacting support or using account settings.

• Post the updated Terms on this page with a new effective date.
• Provide notice through email or in-app notification at least thirty (30) days prior to the new Terms taking effect.
• For changes that materially reduce your rights, give you the option to reject the new Terms by terminating your account.

Entire Agreement

• These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Eye Kiosk regarding the Services and supersede all prior agreements and understandings.

Severability

• If any provision of these Terms is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.

Waiver

• Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative.

Assignment

• You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

Notices

• We may provide notices to you via email, in-app notifications, or by posting on the Services. Notices to us should be sent to legal@eyekiosk.online.

Headings

• Section headings are for convenience only and have no legal or contractual effect.