Terms of Service

Effective Date: November 15, 2024

Welcome to FreshLens. These Terms of Service ("Terms") govern your use of the FreshLens mobile application ("App," "Service," or "FreshLens"). By downloading, installing, or using FreshLens, you agree to be bound by these Terms.

1. Acceptance of Terms

By accessing or using FreshLens, you confirm that:

• You are at least 13 years of age (or the minimum age required in your jurisdiction)
• You have the legal capacity to enter into these Terms
• You agree to comply with all applicable laws and regulations
• All information you provide is accurate and complete

2. Description of Service

FreshLens is a contact lens replacement reminder application that helps you track when to replace your contact lenses. The Service includes:

Free Features:

• Contact lens tracking and replacement reminders
• Photo-based setup with optical character recognition (OCR)
• Per-eye tracking (track left and right lenses independently)
• Smart notifications
• Home screen widgets
• Replacement history

Premium Features (Subscription Required):

• Accessory tracking (lens case, cleaning solution, eye drops)
• Prescription storage
• Advanced widgets
• Cloud backup and sync (coming soon)
• Priority customer support

Service Availability: While we strive to provide reliable service, we do not guarantee 100% uptime or uninterrupted access to FreshLens. The App may be unavailable due to maintenance, updates, or circumstances beyond our control.

3. Subscription Terms

Pricing:

• Monthly Subscription: $1.99 per month (USD)
• Yearly Subscription: $14.99 per year (USD) - Save 37%

Auto-Renewal:

• Subscriptions automatically renew unless canceled at least 24 hours before the end of the current period
• Your account will be charged for renewal within 24 hours prior to the end of the current period
• The renewal cost will be the same as the original subscription price unless you are notified otherwise

How to Cancel:

You can cancel your subscription at any time through your Apple ID account settings:

1. Open iPhone Settings
2. Tap your name at the top
3. Tap "Subscriptions"
4. Select FreshLens
5. Tap "Cancel Subscription"

Cancellation takes effect at the end of the current billing period. You will retain Premium access until the subscription expires.

Free Trials:

If we offer a free trial period, you will be charged the subscription price at the end of the trial unless you cancel before the trial ends. Free trials are available once per Apple ID.

Refund Policy:

All purchases are processed through the Apple App Store. Refund requests are handled according to Apple's refund policy. To request a refund:

• Visit reportaproblem.apple.com
• Or contact Apple Support directly
• Or request a refund through: App Store > Account > Purchase History

FreshLens does not directly process refunds. Please contact Apple for all billing inquiries.

Price Changes:

We reserve the right to change subscription prices at any time. If we increase the price of your subscription, you will be notified at least 30 days in advance. Your subscription will not be affected until your next renewal after the notification period.

4. User Responsibilities

As a user of FreshLens, you agree to:

• Provide Accurate Information: Enter correct lens information and replacement dates
• Follow Professional Advice: Continue to follow your eye care professional's recommendations regarding contact lens wear and care
• Use as Intended: Use FreshLens only as a reminder tool, not as a substitute for professional medical advice
• Maintain Device Security: Keep your device secure and protect your FreshLens data
• Comply with Laws: Use FreshLens in compliance with all applicable laws and regulations
• Not Misuse the Service: Do not attempt to hack, reverse engineer, or interfere with the App's operation

5. Medical Disclaimer

You acknowledge and agree that:

• FreshLens is not a substitute for professional eye care or medical advice
• You should consult with your eye care professional for all matters relating to your eye health
• FreshLens does not guarantee that you will not experience eye problems or health issues
• You are solely responsible for following your eye care professional's instructions
• Missed notifications or app errors do not excuse failure to properly care for your contact lenses
• You should continue your regular eye examination schedule as recommended by your eye care provider

6. Intellectual Property

All content, features, and functionality of FreshLens, including but not limited to:

• Software code and architecture
• User interface design
• Graphics, logos, and icons
• Text and documentation
• Trademarks and branding

...are owned by FreshLens and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

Your License:

We grant you a limited, non-exclusive, non-transferable, revocable license to use FreshLens for personal, non-commercial purposes. You may not:

• Copy, modify, or create derivative works of the App
• Reverse engineer, decompile, or disassemble the App
• Rent, lease, sell, or sublicense the App
• Remove or alter any copyright, trademark, or proprietary notices
• Use the App for any commercial purposes

Your Data:

You retain all ownership rights to the data you enter into FreshLens (lens information, preferences, etc.). We do not claim ownership of your personal data.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

FreshLens and its developers, affiliates, and partners shall NOT be liable for:

• Missed Notifications: Any damages resulting from missed notifications, app errors, or notification delivery failures
• Data Loss: Any loss of data, including if you uninstall the app or your device is lost or damaged
• Health Issues: Any eye health problems, injuries, or medical conditions that may occur while using or not using FreshLens
• Indirect Damages: Any indirect, incidental, special, consequential, or punitive damages
• Service Interruptions: Any damages resulting from service interruptions, bugs, or app unavailability
• Third-Party Actions: Any actions or policies of Apple, your mobile carrier, or other third parties

In jurisdictions that do not allow the exclusion or limitation of liability, our liability shall be limited to the maximum extent permitted by law.

Maximum Liability: In any event, our total liability to you shall not exceed the amount you paid for FreshLens subscriptions in the 12 months preceding the claim.

8. Disclaimer of Warranties

FreshLens is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied, including but not limited to:

• Warranties of merchantability
• Fitness for a particular purpose
• Non-infringement
• Accuracy, reliability, or completeness
• Uninterrupted or error-free operation

9. Indemnification

You agree to indemnify, defend, and hold harmless FreshLens and its developers, affiliates, and partners from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use or misuse of FreshLens
• Your violation of these Terms
• Your violation of any third-party rights
• Any health issues or damages you claim resulted from using FreshLens

10. Termination

Your Right to Terminate:

You may stop using FreshLens at any time by:

• Uninstalling the App from your device
• Canceling your Premium subscription (if applicable)
• Deleting your data through Settings > Delete All Data

Our Right to Terminate:

We reserve the right to suspend or terminate your access to FreshLens if:

• You violate these Terms
• You engage in fraudulent activity
• You abuse or misuse the Service
• We are required to do so by law

Effect of Termination:

Upon termination:

• Your license to use FreshLens ends immediately
• You must uninstall the App from your device
• Your local data will remain on your device until you delete it
• Active subscriptions will continue until the end of the billing period (no refunds for partial periods)

11. Governing Law and Dispute Resolution

Governing Law: These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to conflict of law principles.

Dispute Resolution:

If you have a dispute with FreshLens, please contact us first at support@freshlens.app. We will make a good faith effort to resolve the issue informally.

If we cannot resolve the dispute informally within 60 days, the dispute shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules, except for disputes that may be taken to small claims court.

12. Apple-Specific Terms

As FreshLens is distributed through the Apple App Store, the following terms apply:

• Apple has no obligation to provide support for FreshLens
• Apple is not responsible for addressing any claims relating to FreshLens
• In the event of any third-party claim that FreshLens infringes intellectual property rights, FreshLens (not Apple) is responsible
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them
• You must comply with all applicable third-party terms when using FreshLens

13. Changes to These Terms

We may update these Terms from time to time to reflect:

• Changes to our Service
• Legal or regulatory requirements
• Industry best practices

When we make changes, we will:

• Update the "Effective Date" at the top
• Notify you through the App or via email (if we have your email)
• Post the updated Terms at https://freshlens.app/terms

Your continued use of FreshLens after changes are posted constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using FreshLens.

14. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

15. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and FreshLens regarding your use of the Service and supersede all prior agreements.

16. Contact Information

17. Acknowledgment

By using FreshLens, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy.

© 2024 FreshLens. All rights reserved.