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Terms and Conditions of Use EYEBAB Care
Updated 26/01/2021


Scope of application:
The terms and conditions of use apply to the application of EYEBAB Care and the services and functions that may be provided by EYEBAB at any time.

General:
EYEBAB Care is a dynamic online portal that offers testing, screening, exercising and an overall preventive approach to vision related optimization via exercises.

On this basis, a user, hereinafter referred to as the Licensee, that subscribe to EYEBAB Care may purchase user access to the EYEBAB Care dynamic online portal.

User access is valid for a period of 12 months, starting from the date of license activation to EYEBAB Care. Access to EYEBAB Care therefore ceases without restriction at the same time as the Licensee’s subscription to EYEBAB Care ceases.

Right of use:
As a User, you have a non-exclusive and non-transferable right to use EYEBAB Care within the scope of these terms and conditions, the licensing agreement between the Licensee and EYEBAB. You may not distribute the contents of EYEBAB Care or make them available over a network, etc. You may not sell, hire, lease, loan or sub-license EYEBAB Care to other parties. You must not attempt to deduce the source code, modify or create derivative works on the basis of EYEBAB Care, or otherwise act in contravention of EYEBABApS’ intellectual property rights to EYEBAB Care.

Any contravention of these terms and conditions of use and/or infringement of EYEBAB ApS’ intellectual property rights will automatically annul your right to use EYEBAB Care. In addition to automatically annulling your right to use EYEBAB Care, any contravention of these terms and conditions of use and/or infringement of EYEBAB ApS’ intellectual property rights may result in legal action being taken against you.

EYEBAB may at any time revoke or amend your right to use EYEBAB Care in accordance with these terms and conditions of use.

Limitation of liability:
Unless otherwise stipulated in mandatory law, EYEBAB ApS is not liable for the contents of results, tests, analyses, etc. that are obtained through the use of EYEBAB Care. Nor is EYEBAB ApS liable for incorrect delivery, loss of data, IT errors, viruses, damage to your equipment or circumstances resembling force majeure, even if these concern EYEBAB ApS alone, or for losses resulting from unauthorised usage, for example, if other persons have been given access with your personal EYEBAB Care user login, or you have failed to inform EYEBAB ApS of irregularities or misuse, or suspected irregularities or misuse.

EYEBAB ApS accepts no liability for compensation in the event of breach of contract, deficiencies in performance or functionality, or of delays in EYEBAB Care. EYEBAB ApS accepts no liability for compensation for damage to your smartphone, computer or tablet caused by the use of EYEBAB Care, or for loss of data, loss of earnings or other loss or damage caused by the use of EYEBAB Care.

EYEBAB ApS is in no way liable for third-party services provided via EYEBAB Care.

Amendments to the terms and conditions:
EYEBAB ApS may amend and update the terms and conditions of use by publicising these at www.eyebab.com, where the current terms and conditions are available at all times. If significant amendments or restrictions are made, these are notified at login, with at least one month’s notice.

Rights:
EYEBAB ApS, or the third party from whom EYEBAB ApS derives its rights, owns the copyright and all other rights to EYEBAB Care, including the rights to code, text, images or other elements that form part of EYEBAB Care. The copyright also includes any physical materials, such as user manuals, etc. As the user, you must respect EYEBAB ApS’ rights, and you are liable, without restrictions in terms of volume, for any infringement of these rights, including the unauthorised transfer of EYEBAB Care, or parts thereof, to third parties.As the user, you must not damage or modify any security mechanisms, including security codes, and the Licensee must not modify or remove specifications in EYEBAB Care regarding rights, brands, product information or similar.

Barring of access:
EYEBAB ApS reserves the right to bar your access to EYEBAB Care for security reasons, in the event of suspected misuse. If your access is barred, you may contact EYEBAB ApS at any time by email at: mail@eyebab.com.

Processing of personal data
The Licensee is the data controller in respect of data generated by the Licensee’s and the user’s utilisation of EYEBAB Care, including data on ongoing and completed sessions, results, notes, etc. Thus, EYEBAB ApS (the “Data Processor”) processes personal data in EYEBAB Care solely on behalf of the Licensee, in accordance with a separate data processing agreement. ​ Moreover, EYEBAB ApS, as the data controller, collects and processes information on the User’s use of EYEBAB Care. The aim of the processing is to enable EYEBAB ApS to ensure that the licensing conditions are met. Moreover, the data processing is carried out for statistical reasons, for the purpose of EYEBAB Care ’s further business development, and for the electronic marketing of EYEBAB’s products to the Licensee. EYEBAB’s privacy policy can be read here. ​

Governing law and jurisdiction:
Disputes concerning situations regulated in these terms and conditions shall be settled in accordance with Danish law at the Court of Kolding.