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Term of service

Thank you for using Acutize! Acutize is created by XSightCo, LLC. (“XSightCo” “we”).

1 Introduction

XSightco provides you with an application called Acutize. Acutize consists of a set of exercises and associated tools (including performance statistics and automatically generated training plans) which are designed to help you and all our users measure and improve their visual skills. Specifically, Acutize provides you an unique technology to improve your vision sharpness using a combination of visual training and perceptual learning. Improvements are achieved leveraging the two determinants of vision quality:

  1. Optical system of the eye: improving vision by changing the optical characteristics of eyes
  2. Visual processing of the brain:
    improving image processing function in the primary visual cortex, thereby compensating for the eye’s function

In this context, Acutize programs provide a wide set of exercises, which, while impacting the main determinants identified as responsible of low vision (Presbyopia, Myopia, Amblyopia, Vergence disabilities, Ocular Motility disorders, Accommodative Dysfunction, Asthenopia, Stereopsis, Visual Field Defects, Visual Acuity), work on the following vision features:

  • Visual acuity
  • Accommodation and Convergence
  • Ocular motility (Saccades and Pursuit)
  • Binocular vision
  • Visual Integration center / periphery
  • Image processing in the primary visual cortex

2 Scope of XSightco Services

XSightco provides you with a smartphone application called Acutize with a suite of features consisting of games, exercises and tools designed to help you measure and improve your visual performance. Unless otherwise stated, any further services that may be provided by XSightco are also subject to these terms. In consideration of you agreeing to abide by these terms and our Privacy Policy, we grant you a non-transferable, non-exclusive licence to download a basic version of Acutize free of charge. In order to access additional features, including (but not limited to) goals & personalised training, access to all exercises and training, access to advanced statistics, comparisons with other users and early access to new features, you must pay for the premium version of Acutize. The pricing scheme for Acutize can be seen at the following URL (or such other URL as we may provide from time to time): www.acutize.com. We may change the pricing scheme at our discretion. Any changes will be mentioned first on our blog. More information about the premium services are available at the following URL (or such other URL as we may provide from time to time): www.acutize.com. We reserve all other rights.

3 Registration

Once you have downloaded Acutize, you will need to register to create an account before you can use it. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. Each account must be used individually and is not transferable. You agree to not share your account with any third party, to immediately notify XSightco should you suspect any un-authorized use of your account, to provide true, up-to-date and complete information about yourself during registration, and ensure this information remains up-to-date.

4 Use of our Service

You agree to use Acutize and any other applications offered by XSightco in a proper and lawful manner, and ensure that you do not violate any applicable laws or infringe the rights of any third parties. You agree that you will not use Acutize or any other applications offered by XSightco to maliciously attempt to access or damage the data of other users or third parties, that you will not try to hack or unlawfully distribute or sell the software of Acutize or any other applications released by XSightco, and that you will not attempt to interfere with any other party’s appropriate use of the service without their permission. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express prior written consent of XSightco. You understand that XSightco will retain user information and, if obliged to do so by law or otherwise, disclose user information according to the terms set out in the XSightco Privacy Policy. You understand that should you violate these terms, XSightco may terminate your right to access and use the service at our discretion without warning and without being obliged to provide a refund.

5 App License

Subject to the terms of these Terms of Service, XSightco grants you a non-transferable, non-exclusive license to download, install, and use one copy of the App in object code form only on an interactive wireless device that you own or control. You may not derive or attempt to derive the source code of all or any portion of the App, permit any third party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate the App or any part thereof. XSightco and its licensors own and shall retain all intellectual property rights and other rights in and to the App, and any changes, modifications, or corrections thereto. The following Terms of Service apply to you only if you are using the App from the Apple App Store. To the extent the other terms and conditions of these Terms of Service are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to Apps from the Apple App Store. You acknowledge and agree that these Terms of Service are solely between you and XSightco, not Apple, and that Apple has no responsibility for the App or content thereof. Your use of the App must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms of Service. You and XSightco acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and XSightco acknowledge that, in the event of any third-party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, XSightco, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Service. You must comply with applicable third party terms of agreement when using the App. You and XSightco acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service as they relate to your license of the App, and that, upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third party beneficiary thereof.

6 Indemnity and Release

You agree to release, indemnify and hold XSightco and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another.

7 Disclaimer of Warranties

Your use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis. XSightco expressly disclaims all warranties of any kind, whether express, implied or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. XSightco makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, or (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations.

8 Limitation of Liability

You expressly understand and agree that XSightco shall not be liable for any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits including but not limited to, damages for loss of goodwill, use, data or other intangible losses, whether based on contract, tort, negligence, strict liability or otherwise, resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data or (iv) statements or conduct of any third party on the service. If you are dissatisfied with any portion of the service or with these terms of service, your sole and exclusive remedy is to discontinue use of the service.

9 Termination

You may terminate this Agreement at any time without notice. On termination, you lose the right to access or use the Services. Closing your account means deleting your profile and removing access to all your XSightco information from our site. If you have a Premium account, you can cancel the Premium access, but still keep your free Basic account to retain your profile, data, and other information. You can close your account on the Profile/Settings page:

  • Click Closing Your Account
  • Enter your account password and click Close account.

After that, you receive an email with a link on which he must click on to effect the cancellation of registration. XSightco has the right to cancel the contract with the User should they violate the code of conduct described in these Terms of Service. The deletion of an account entails the deletion of all User data including their scores, evaluations and comments.

10 Intellectual Property

Acutize is protected by U.S. and international intellectual property laws and you agree to abide by them. Without our prior written consent, you may not download, copy or store Acutize content in any form outside of Acutize and you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, or perform any Acutize content. You agree that all data and algorithms in our flash files and associated servers are “trade secrets” as defined, without limitation, in the Utah Code, Chapter 24, Uniform Trade Secrets Act. You agree to comply with reasonable written requests from us to help us in protecting our proprietary and intellectual property rights in Acutize. All intellectual property rights in Acutize are, as between you and XSightco, the sole and exclusive property of XSightco. Some Acutize features either now or in the future may allow you to post or submit content and materials for publication on Acutize (“Your Content”). You own any intellectual property rights to Your Content, but you agree that we can use, reproduce, modify, adapt and publish Your Content for purposes of enabling us to offer Acutize or the features you have elected to use. You are responsible for Your Content, and acknowledge that once published, we cannot always remove it. We appreciate when you provide us feedback through customer service or by email or social features, but we may use any feedback, comments, or suggestions without any obligations to you.

11 Trademarks

“Acutize”, “XSightco” and all other trademarks, game names, trade names, service marks, graphics and logos used in connection with the Service are trademarks or service marks of XSightco LLC or their respective owners, and certain of them are registered with the United States Patent and Trademark Office. Access and use of the Service does not grant or provide you with the right or license to reproduce or otherwise use the Acutize name or any XSightco or third-party trademarks, service marks, graphics or logos. The use of Acutize or any trademarks, game names, trade names, service marks, copyrights, or logos of XSightco, in unsolicited mailings, spam material, contests or surveys, or to create the impression that such items are associated with you is strictly prohibited.

12 Privacy

Use of the Service is also governed by our Privacy Policy, a copy of which is located at www.acutize.com. By using the Service, you consent to the terms of the Privacy Policy.

13 Agreement to arbitrate

You agree that any dispute, claim or controversy arising out of or relating to these Terms of Service or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be settled by binding arbitration between you and XSightco, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and XSightco are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and XSightco otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

14 Miscellaneous

These terms and the relationship between you and XSightco shall be governed by the laws of Utah without regard to any conflict of law provisions of any jurisdiction. Both you and XSightco agree to submit to the exclusive jurisdiction of the U.S. courts, except that XSightco may seek injunctive relief in any jurisdiction in order to enforce its rights under these terms. No person other than you and XSightco shall have any rights under these Terms in relation to your use of our services.

15 Contacts

Questions, comments and requests regarding our terms and conditions are welcomed and should be addressed to XSightco LLC, 9035 south, 265 west, West Jordan, Utah, U.S.A. or support@acutize.com .