These Terms of Service govern your access to and use of the Anteo applications downloaded by you (the “Anteo Apps”), anteo.io website (the "Website"), and the services (the “Services”) that are provided by Anteo Health Inc or its affiliates or agents (“Anteo,” “we,” “us” or “our”) through the Website or the Anteo Apps (collectively, the “Anteo Sites”). Please read the Terms of Service carefully.
BY USING THE ANTEO SITES OR THE SERVICES, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE, DO NOT VISIT THIS WEBSITE, SET UP AN ACCOUNT OR USE THE ANTEO SITES OR THE SERVICES.
Access to and Use of the Anteo Sites and the Services
You may access and use the Anteo Sites and the Services only if you (or your parent or guardian) are able to enter into these Terms of Service and form a legally binding agreement between you and us. The information you provide us must be complete and accurate and you must at all times be in compliance with these Terms of Service and all applicable laws. You may not access or use the Anteo Sites or the Services if you are under the age of 13. To access and use the Anteo Sites and the Services, you must create a Anteo account and (a) provide us the required account creation information, (b) if required, provide us your credit card or other payment information and (c) create a username and password. If you create an account for a company or other organization (“Company”), "you" includes you and the Company. You represent and warrant to us that you, on behalf of the Company, are authorized to (a) grant all permissions and licenses set forth in these Terms of Service, (b) undertake the obligations set forth in these Terms of Service and (c) enter into these Terms of Service. The Company may grant additional individuals access to the Company’s account as long as each such user provides us his or her required information, creates a username a password and accepts these Terms of Service. You agree that you will not use the Anteo Sites and the Services for any illegal purposes. You agree to be responsible for all information, content, including images, comments, links and other materials (“Information”) provided by you and for all activity that occurs with respect to your account. You agree that you will not enter, upload or disseminate any Information that infringes on the copyrights or other intellectual property rights of any third party.
Privacy Policy
We are committed to safeguarding your privacy. Please review the Anteo Privacy Policy carefully. The terms of the Anteo Privacy Policy are incorporated into, and constitute a part of, these Terms of Service.
No Medical Services Relationship
Our Services do not constitute medical advice or medical opinions. We gather information from our users, analyze and aggregate the information and then provide it for informational purposes. Using the Services is not a substitute for the advice of a medical professional, and the information made available on or through the Services should not be relied upon when making medical decisions or to diagnose or treat a medical or health condition. If you require medical advice or services, you should consult a medical professional. Your use of the Services does not create a doctor-patient relationship between you and us. If your use of the Services will change how you exercise, eat or otherwise behave, you agree that you will consult with your healthcare professionals before making changes to your exercise, diet or other behavior.
Supervision Requirements
If You use the Service to provide Vision Therapy or related services to your clients, customers, or pateints, use of the Service must be under the guidance and supervision of an Optometrist, suitably trained to provide Vision Therapy and Rehabilitation.
If you use the Service in order to receive Vision Therapy or related services, it must be done under the guidance and supervision of an Optometrist, suitably trained to provide Vision Therapy and Rehabilitation
Subscriptions
Subscription period
The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.
At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.
Subscription cancellations
You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company.
You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.
Billing
You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information.
Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Fee Changes
The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.
The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.
Refunds
Except when required by law, paid Subscription fees are non-refundable.
Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.
Free Trial
The Company may, at its sole discretion, offer a Subscription with a Free trial for a limited period of time.
If You do enter Your billing information before your Free trial ends, you will not be charged by the Company until the Free trial has expired. On the last day of the Free Trial period, unless You cancelled Your Subscription, You will be automatically charged the applicable Subscription fees for the type of Subscription You have selected.
At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free trial offer.
Promotions
Any Promotions made available through the Service may be governed by rules that are separate from these Terms.
If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
Security
We care about the security of your Information and account information. We continuously work to protect the security of your Information and your account information; however, we cannot guarantee that unauthorized third parties will not be able to circumvent our security measures. Please notify us immediately of any unauthorized use of your account.
Assumption of Risks Related to the Services
YOU KNOWINGLY AND FREELY ASSUME ALL RISK RELATED TO YOUR USE OF THE ANTEO SITES AND THE SERVICES AS WELL ANY CHANGES THAT YOU MAY MAKE AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, CHANGES TO YOUR DIET AND EXERCISE. ON BEHALF OF YOURSELF AND YOUR PERSONAL REPRESENTATIVES AND HEIRS, YOU HEREBY RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND AND INDEMNIFY ANTEO AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES, SUBLICENSEES, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL CLAIMS, ACTIONS OR LOSSES FOR BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF SERVICES OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, WHICH MAY RESULT FROM YOUR USE OF THE SERVICES OR CHANGES THAT YOU MAY MAKE AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, CHANGES TO YOUR DIET AND EXERCISE.
User Accounts
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Grant of License
For as long as you comply with these Terms of Service, we grant you a non-exclusive, non-sublicensable, revocable, non-transferable license to use the Services through the Anteo Sites. The Services, including the Anteo Sites, may not be reproduced, duplicated, copied, modified, sold, resold, distributed, visited, or otherwise exploited for any commercial purpose.
Content
Your Right to Post Content
Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.
You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights.
You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
Content Restrictions
The Company is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.
You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
Unlawful or promoting unlawful activity.
Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
Impersonating any person or entity including the Company and its employees or representatives.
Violating the privacy of any third person.
False information and features.
The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content.
As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.
Content Backups
Although regular backups of Content are performed, the Company do not guarantee there will be no loss or corruption of data.
Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.
The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.
Information and Intellectual Property
You agree that no Information you share on the Anteo Sites will (a) be offensive, threatening, libelous, defamatory, obscene or otherwise objectionable, (b) infringe on the copyrights or other intellectual property rights of any third party, (c) violate the privacy right of any third party, (d) violate these Terms of Service or (e) otherwise violate any applicable law. We do not pre-screen Information provided by you, but we reserve the right to remove any Information uploaded to or posted to the Anteo Sites if we believe that it violates these Terms of Service or our policies. The Anteo Sites and the Services, all software (source code and object code) related thereto, all content provided by us or our affiliates or agents, all processes, designs, techniques, concepts, improvements, modifications, inventions and discoveries related to the Anteo Sites and the Services, all trademarks, copyrights, service marks, patents, applications therefore, trade secrets and other intellectual property rights appurtenant thereto and any derivate works thereof related to the Anteo Sites and the Services are and shall remain our exclusive property. No use of the Anteo Sites and the Services shall be deemed to transfer title, or grant a license to the any of the foregoing. You may not duplicate, copy, or reuse any portion of our visual design elements or concepts without our prior express written permission. Furthermore, you shall not, nor permit any other party to, (a) disassemble, decompile, decrypt, or reverse engineer, or in any way attempt to discover or reproduce source code for any part of the Anteo Sites and the Services; (b) alter, modify, or prepare derivative works based on the Anteo Sites and the Services or any materials related thereto; or (c) use any part of the Anteo Sites and the Services or any materials related thereto to create, invent or develop any computer program or other invention, work or device that performs, replicates, or utilizes the same or substantially similar functions as the Anteo Sites and the Services or any materials related thereto. If you believe any Information on the Anteo Sites violates any of these Terms of Service or our policies, you may report it as abuse via email to the address support@anteo.io. If any Information you share to the Anteo Sites violates these Terms of Service or our policies, we reserve the right to (a) remove your content (b) restrict or disable your ability to share content to the Anteo Apps from your account, or (c) temporarily or permanently suspend your account.
Limitation of Liability
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ANTEO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ANTEO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE WEBSITE OR THE SERVICES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE OR THE SERVICES; (c) UNAUTHORIZED ACCESS TO TRANSMISSIONS OR ALTERATION OF YOUR INFORMATION; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY WITH RESPECT TO THE WEBSITE OR THE SERVICES; (e) OR ANY OTHER MATTER RELATING TO THE WEBSITE OR THE SERVICES. IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE WEBSITE OR THE SERVICES EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
Disclaimer
YOUR USE OF THE WEBSITE OR THE SERVICES IS AT YOUR SOLE RISK. THE WEBSITE OR THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT WARRANT THAT (a) THE WEBSITE OR THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS, (b) THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR THE SERVICES WILL BE ACCURATE OR RELIABLE, (d) THE QUALITY OF THE WEBSITE OR THE SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE OR THE SERVICES WILL MEET YOUR EXPECTATIONS, AND (e) ANY ERRORS IN THE WEBSITE OR THE SERVICES WILL BE CORRECTED. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
General Conditions
You acknowledge and agree that Anteo may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Anteo Sites and the Services. We reserve the right to modify these Terms of Service from time to time at our sole discretion. Any such modification will be effective immediately upon our posting of the revised Terms of Service on our Sites. We will provide no other notice to you. It is your responsibility to review our Terms of Service from time to time to ensure that you continue to agree with our Terms of Service. If you no longer agree to these Terms of Service after a modification, you must immediately cease using the Anteo Sites and the Services. All new or modified features related to the Anteo Sites and the Services, including the release of new features, tools and resources, will be subject to these Terms of Service. You agree that you will not modify, adapt or hack the Anteo Sites and the Services or modify another application or website so as to falsely imply that it is associated with the Anteo Sites and the Services or Anteo. You agree that you will not reproduce, duplicate, copy, sell, resell or exploit all or any part of the Anteo Sites and the Services. You understand that the technical processing and transmission of the Anteo Sites and the Services, including your Information, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You agree that you will not upload, post, host, or transmit unsolicited email, SMS or “spam” messages. You agree that you will not transmit any worms or viruses or any code of a destructive nature. These Terms of Service shall be governed by the laws of the State of New York, without respect to its conflict of laws principles. The Anteo Sites and the Services are controlled and operated from the United States, and we make no representations that they are appropriate or available for use in other locations. The failure of Anteo to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and the other policies, terms and conditions referred to in these Terms of Service constitute the entire agreement between you and Anteo and govern your use of the Anteo Sites and the Services, superseding any prior agreements between you and Anteo. You may not assign these Terms of Service to any party. If any provision of these Terms of Service is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms of Service will remain in full force and effect.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Federal Government End Use Provisions
If You are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Questions
Any questions regarding these Terms of Service should be addressed to support@anteo.io.
These Terms of Service were last revised on July 27, 2018.