End User License Agreement (EULA)
Last updated: November 2021

    This software is furnished under license and may be used only in accordance with the terms of the license. The content of this app is furnished for licensed use only. It is subject to change without notice and should not be construed as a commitment by Fitz Frames, Inc.

    Fitz Frames, Inc. makes no warranty of any kind with regard to this app. This includes, but is not limited to the implied warranties of merchantability, fitness for a particular purpose or non-infringement. Fitz Frames, Inc. shall not be liable for errors contained herein or direct, indirect, special, incidental or consequential damages in connection with the furnishing, performance, or use of this app.

    No part of this app may be reproduced, stored in a retrieval system, or transmitted in any form or by any means without the prior written permission of Fitz Frames, Inc.

Please read this End-User License Agreement ("Agreement") carefully before clicking the "I Agree" button, downloading, or using the Fitz Application ("Application").

    By tapping the "I Agree" button, downloading or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement.

    If you do not agree to the terms of this Agreement, do not click on the "I Agree" button and do not install or use the Application.

    Fitz Frames, Inc. ("Company") is responsible for this Application and the content thereof.

    Certain features of this Application require you to provide personal information. Your use of these features and this Application is subject to the Privacy Policy found at www.fitzframes.com/privacy-policy

The purpose of the Fitz Frames application is to provide the user with custom made-to-measure eyewear. In order to this, the application will obtain facial measurements. Fitz Frames may retain your facial measurement data for up to three years from the last time you either went through the fitting process on the Fitz Frames app and created a profile, or placed an order, or had an active membership, whichever is later. Once your data is deleted, you will need to re-measure if you decide to order glasses. You are always in control of your data. You can delete your profile or account at any time within the app. Or we can do it for you, just contact customer service at support@fitzframes.com or (833) SEE-FITZ.

    Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Application solely for your personal, non-commercial purposes. You may only use the Application on an iPhone that you own or control and as permitted by the Apple App Store Terms of Service.

    Restrictions on Use

    Fitz Frames, Inc. owns, and is the licensee to, all right, title and interest in and to this Application, including all rights under patent, copyright, trade secret, trademark, or unfair competition law, and any and all other proprietary rights, including all applications, renewals, extensions and restorations thereof.

    You agree not to, and you will not permit others to:

    a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Application;

    b) modify, adapt, improve, enhance, translate, or prepare derivative works from the Application

    c) violate any applicable laws, rules, or regulations in connection with your access or use of the Application;

    d) use the Application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;

    e) use the Application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for any services or product offered by Company;

    f) rent, lease, lend, sell, redistribute, or sublicense the Application;

    g) remove, obscure or alter Company's copyright notice, trademarks or other proprietary rights notices affixed to, contained within or accessed in conjunction with or by this Application.

    Infringement Acknowledgement

    You and Company acknowledge and agree that, in the event of a third-party claim that the Application or your possession or use of the Application infringes any third party's intellectual property rights, you (and not Company) will be responsible for the investigation, defense, settlement, and discharge of any such claim of intellectual property infringement. You will, however, promptly notify Company in writing of such a claim.

    Modifications to Application

    Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to You.

    Term and Termination

    This Agreement shall commence upon your installation of the Application, and shall remain in effect until terminated by you or Company.

    Company may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

    This Agreement will terminate immediately, without prior notice from Company, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application from your mobile device.

    Upon termination of this Agreement, you shall cease all use of the Application and delete the Application from your mobile device.

    Disclaimer of Warranties

    The Application is provided for free on an "as is" and "as available" basis. As such, Company disclaims all warranties about the application to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, Company, not Apple, shall be solely responsible for such warranty.

    You download and use this Application at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the download or use of this Application.

    Limitation of Liability

    Under no circumstances shall Company or its affiliates, partners, suppliers, or licensors be liable for any indirect, incidental, consequential, special, or exemplary damages arising out of or in connection with your access or use of or inability to access or use the application and any third party content and services, whether or not the damages were foreseeable and whether or not Company was advised of the possibility of such damages.

    Amendments to this Agreement

    Company reserves the right, at its sole discretion, to modify or replace this Agreement at any time. Please review it occasionally. If we make changes to this Agreement, the updated Agreement will be posted on the Application website in a timely manner. If a revision is material we will provide at least [10] days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

    If you object to any of the changes to this Agreement, you should stop using the Application and delete the Application from your phone.

    Contact Information

    If you have any questions or comments about this Agreement, please contact us at legal@fitzframes.com.