1. Acceptance of Terms
This User Agreement (“Agreement”) is a legally binding contract between you (“User,” “you”) and EyeRxCraft (“we,” “our,” “us”) that governs your access to and use of the EyeRxCraft application, website, and associated services (collectively, the “Application”). By creating an account or using the Application, you confirm that you have read, understood, and agree to be bound by these terms. If you do not agree, you must not use the Application.
2. Eligibility and Professional Use
The Application is a professional tool intended exclusively for use by certified and licensed Eye Health Care Professionals (e.g., Optometrists, Ophthalmologists). By creating an account, you represent and warrant that:
- You hold a valid, current license or certification to practice eye care in your jurisdiction.
- You are legally authorized to diagnose conditions and issue medical prescriptions.
- All information provided during registration and in your profile is accurate, complete, and truthful.
We reserve the right to suspend or terminate any account if we suspect a violation of these eligibility requirements, without refund.
3. Account Security and Responsibilities
You are responsible for all activities that occur under your account. You agree to:
- Maintain the confidentiality of your password and login credentials.
- Notify us immediately of any unauthorized use of your account.
- Ensure that all use of your account complies with this Agreement and all applicable laws.
Sharing your account with unauthorized individuals is a material breach of this Agreement and may result in immediate termination of your account.
4. Subscription, Billing, and Fees
Certain features of the Application are available under different subscription plans (“Plans”), which may include free or paid tiers.
- Fees: By selecting a paid Plan, you agree to pay the applicable fees. All fees are non-refundable except as required by law.
- Billing: We may use a third-party payment processor (e.g., Razorpay) to handle payments. You agree to their terms and conditions.
- Changes: We reserve the right to change our prices and Plans. We will provide you with reasonable notice of any price changes.
- Termination: Failure to pay fees may result in the suspension or termination of your access to paid features.
5. Acceptable Use Policy
You agree to use the Application lawfully and ethically. You will not:
- Use the Application for any purpose other than professional eye care practice.
- Misrepresent your identity or professional qualifications.
- Enter false, misleading, or fraudulent patient data.
- Attempt to decompile, reverse-engineer, or access the Application's source code.
- Use the Application to transmit any virus, malware, or other harmful code.
- Bypass any security measures or usage limits of your subscription plan.
- Use the AI features to generate content that is unlawful, harmful, or violates patient privacy.
6. Intellectual Property Rights
All rights, title, and interest in the EyeRxCraft Application—including its software, design, branding, text, graphics, and AI models—are the exclusive property of EyeRxCraft and its licensors. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Application strictly in accordance with this Agreement for the duration of your subscription. You may not copy, modify, distribute, sell, or lease any part of our Application without our explicit written consent.
7. Data Ownership and Privacy
You own the patient data you enter. As the "Data Controller," you are responsible for its legality, accuracy, and for obtaining any necessary patient consents. Our role as "Data Processor" is outlined in our Privacy Policy, which is an integral part of this Agreement.
8. Disclaimer of Warranties
The Application is provided "as is" and "as available," without any warranties of any kind, express or implied. We do not warrant that the Application will be error-free, uninterrupted, or completely secure, or that any information or suggestion provided by it (including AI-generated content) will be accurate or reliable. Your use of the Application is at your sole risk.
9. Limitation of Liability
To the maximum extent permitted by law, EyeRxCraft, its affiliates, and its developers shall not be liable for any indirect, incidental, special, consequential, or punitive damages. This includes, but is not limited to, damages arising from medical errors, loss of data, business interruption, or any other commercial damages or losses, even if advised of their possibility. Our total liability to you for any and all claims arising from your use of the Application is limited to the amount you paid us in the 12 months preceding the claim.
10. Termination
We reserve the right to suspend or terminate your account and access to the Application at any time, with or without notice, for any violation of this Agreement. You may terminate your account at any time by contacting support. Upon termination, your right to use the Application ceases, and we will handle your data as described in our Privacy Policy.
11. Governing Law and Dispute Resolution
This Agreement shall be governed by the laws of India, without regard to its conflict of law principles. Any dispute arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts located in Kolkata, West Bengal.
12. Modifications to the Agreement
We may modify this Agreement from time to time. We will provide notice of significant changes by email or through an in-app notification. Your continued use of the Application after the changes become effective constitutes your acceptance of the revised Agreement.
13. Contact Information
For any questions about these Terms of Use, please contact us at support@eyerxcraft.in.
