Effective Date: February 27, 2019
Hello, and thanks for visiting Fitz Frames, Inc., which operates and provides services through www.fitzframes.com (the “Site”) and the Fitz Frames mobile app (the “App”). We’ll go by “Fitz Frames”, “Fitz”, “we”, or “us” to keep it simple. Services rendered through the Site, the App or otherwise provided by us to you will be referred to as the “Services.”
Fitz Frames reserves the right to review these Terms to make sure they accurately reflect developments in current law and our business operations, and to update and revise these Terms at any time. We’ll make sure to also change the “Effective Date” at the top of this page so you can tell if these Terms have changed since your last visit. Please review these Terms regularly because once we post any changes, your continued use of the Services constitutes your acceptance of the revised Terms.
We only permit individuals who are at least 18 years old and can form legally binding contracts with us to use the Services. However, if you are under 18 years old and would like to use the Services, you may, but only if a parent or legal guardian who is at least 18 years old supervises you. In such cases, the adult would be the user and is responsible for any and all activity.
Also, you can only use or receive the Services to the extent the laws of your jurisdiction or the United States do not bar you from doing so. Please make sure these Terms are in compliance with all laws, rules and regulations that apply to you.
Your use of the Services means you represent and warrant that you meet all eligibility requirements we outline in these Terms. We may still refuse to let certain people access or use the Services. We may also change our eligibility criteria.
We offer the Services only for personal, noncommercial use, unless you have received explicit written authorized permission in writing from Fitz Frames, Inc.
Some of the Services are not available without creating a user account (”Account”). If you create an Account, you are solely responsible for any activity that occurs through your Account. In order for us to provide you the best possible service, you agree to provide us with complete, accurate, and updated information for your Account at all times. If any information is incorrect or outdated, it can lead to errors or delays, for which we will not be responsible. This is especially important if you place an order, because we need to be able to communicate with you about it as it moves through the stages of production. Whichever email address you use to set up your account, please ensure it is an email address you check.
You should not share your Account information. It may include access to your orders, Personally Identifiable Information (PII), and information about your vision prescription. Sharing your credentials with someone else constitutes granting of permission to Fitz to share your PII and your vision prescription with that individual. You may never use another person’s Account or registration information for the Services without permission. Similarly, no one else should be able to use your Account without permission. You are solely responsible for keeping your Account and Account password secure and for any consequence resulting from your failure to do so. You should never publish, distribute, or post login information for your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
If you have an account and you delete the app, your account information will not be deleted. Should you choose to download the app at a later date and sign in to your account, your previous information will appear, so long as it is within three years of the last activity on the account. In order to re-associate your app with your account, re-install the app and again enter the same email address upon launch. If you wish to completely delete your account, you can contact us through the app or email us at email@example.com.
Getting Your Custom Fitz Frames
1. Measure intended wearer’s face. Using the app, measure the face of the person getting eyeglasses as directed by the in-app instructions. For best results, choose a well-lit location with a plain background, and try to minimize direct sunlight or spotlight to avoid shadows on intended wearer’s face. When the processing is complete, we will ask for a name to associate with the measurements.
2. Design your frames. With the intended wearer’s face in the try-on view, select the style, color and lens style you want to create the eyewear you desire. Do not style an order for one customer using another person’s face in the virtual fitting.
3. Select lens type. Fitz currently offers plano (non-Rx) and single vision lenses. We do not currently offer progressive, bifocal, trifocal, prism lenses or other types of vision correction, but if you have a specific need, please drop an email to inquire at firstname.lastname@example.org. Different types of vision correction can impact the price.
4. Select additional lens features. Fitz offers a range of additional features you may want for your lenses. Note that the options you select in this screen may impact the total price. Polarized or tinted sunglasses are available. Clear lenses can include a blue-light-blocking or a photochromic filter that darkens when exposed to bright sunlight. For stronger prescriptions, we also offer high index (thinner) lenses.
5. Include a custom inscription. We will imprint an inscription of your choice on the inside of the temple of the frames. Please check the spelling of your inscription. Fitz Frames is not responsible for misspellings.
6. Payment. After you have made your frame design and lens selections, you will see a prompt for your payment details, your shipping information, and any promotional codes or gift card information you may have. By entering your payment information and submitting your order, you authorize us to charge the amount of the order to your selected payment option.
7. Post-Checkout. Fitz will charge your card through Stripe, our payment processor, and ask for your prescription information. If we do not receive your prescription within 30 days, Fitz may, at its discretion, cancel the order and refund your money. Please note that Fitz does not have access to or store credit card information.
8. Provide your prescription. If you are purchasing prescription eyewear, you can provide your prescription information by
a) uploading a photo of your prescription using the App
b) emailing a photo of your printed prescription to Rx@fitzframes.com
c) responding to the follow up email we send for each frame on an order
d) forwarding an email from your eye care professional containing your prescription to Rx@fitzframes.com
e) requesting that we call your eye care professional directly
Please note that your prescription must be valid on the date you place your order. If your prescription does not include an expiration date, we will fill your order in accordance with applicable legal requirements (generally within two years of the original date of the prescription). If your prescription or order information is incomplete, we may need to take additional steps to track down current information, which could mean longer wait times for your eyeglasses. Certain complex prescriptions require an in-person consultation. We are happy to work directly with your local eye care professional to enable the fitting of lenses that require an in-person consultation. However, Fitz reserves the right to cancel an order and refund a customer’s money upon receiving their prescription if it determines that the customer’s vision correction needs are better served by a local eye care professional.
9. Placing an Order and Pricing. Once you check out, you will have the option of making a one-time purchase or joining our annual membership model. A one-time purchase starts at $95 for a basic pair of prescription eyeglasses. Fitz’s membership model starts at $185/year and includes two pairs of eyeglasses and unlimited frames (you just pay for lenses and shipping) for one year from the time of purchase.
10. Delivery Information. We’ll need your name, address and telephone number to send you your final custom eyewear. All initial orders are shipped to the 50 contiguous United States, Alaska, Hawaii and Puerto Rico for free. Once prescriptions are submitted, we will endeavor to get you your finished eyeglasses within 7-10 days. Ship times may be longer for areas outside of the contiguous 50 United States.
11. Checking Order Status. While your eyeglasses are being created, you will receive periodic updates about the progress of your order. At any time, you can email us at email@example.com or, if you have created an account with Fitz, you can check the status of your order through the app.
12. Risk of Loss. The risk of loss and title for all products you order passes to you upon our delivery to the carrier (such as FedEx, UPS, or USPS).
13. Cancellations. Any order cancellations made prior to printing eyeglasses will receive a full refund. Print times vary and cannot be specified. Please contact customer service at help@ fitzframes.com to cancel.
14. Returns and Exchanges. If you are unsatisfied with your eyeglasses for any reason, we will gladly attempt to remake them to suit you better, or we will provide a full refund, as long as you notify us of your intent to return the eyeglasses within 30 days of receiving the eyeglasses, AND you return the eyeglasses completely intact. For subscription orders 31 to 180 days from date of purchase, customers have the option of receiving a half refund of the prescription amount. No refunds will be provided beyond 180 days. Gift cards and accessories are non-refundable. Contact us at firstname.lastname@example.org to request a refund or exchange.
15.Warranty. We will repair any manufacturing defects on the lens and manufacturing defects or damage to the hinge from normal use within a year of delivery, at our expense. Contact us at email@example.com for details.
16. Damaged product. If the frames or lenses break or the lenses scratch within one year of purchase, Fitz will repair or replace the eyewear (same design, same prescription) at a discount, depending on the type of repair or replacement required. Glasses must be sent to us to process the repair. Contact us at firstname.lastname@example.org for details.
17. Access to your Prescription. We keep your prescription on file for some time after you order your eyeglasses, and we make that information available to you upon request. We will respond to your request as quickly as possible, but be aware that it could take us a day or two to retrieve older (ie dated more than two years in the past) prescriptions. Please keep that in mind if you need your information by a certain day or time.
18. Account Information. You may access your account information or view status or order, purchase history, billing information and other information by selecting the account tab on your app.
19. Insurance. While Fitz doesn't work with insurance companies directly, you can submit a claim to your insurance provider yourself depending on your plan's coverage. Fitz does accept Flexible Spending Account (“FSA”) so long as it’s associated with major credit card.
20. Purchase Limits. We want to give all our customers an opportunity to buy our eyeglasses. Therefore, we do not authorize the purchase with the intent to resell, or the purchase of commercial quantities of our eyeglasses, and we may place limits on purchases. We may also, among other things, restrict orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right to limit, cancel or prohibit orders that, in our judgment, appear to be placed in violation of this policy. We further reserve the right to cease doing business with customers who violate this policy and any other parts of our Terms.
21. Language. Presently, our order process only supports the English language.
All of the content that appears on the Services, including without limitation all designs, illustrations, icons, photographs, video clips and written materials, as well as the compilation of the website, Services, and other materials, are the exclusive property of Fitz Frames or our licensors and is protected by United States and international copyright laws. All trademarks, service marks, and trade names that appear on the Services and the overall “look and feel” of the Site and Services (collectively the “Marks”) are proprietary to Fitz, or the respective owners of such Marks. You may not display, reproduce, or otherwise use the content or materials on the Services, including the Marks, without first receiving written consent from us. You may not remove or otherwise modify any legal or trademark notices from any content we make available through the Services. Scraping the Services or using other automated or manual means to take our content without our prior consent is expressly prohibited. Any unauthorized use of any content or materials on the Services is strictly prohibited and violates copyright, trademark, and/or other intellectual property laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.
If you would like to request authorization to use the materials or content on the Services, please contact us at email@example.com.
We grant you a limited, non-exclusive, non-sublicensable and non-transferable license to use (i.e., display locally) the Services solely for personal, non-commercial, use. This license will allow you to use and enjoy the benefit of the Services as we provide them, in the manner we permit through these Terms. This license only grants you the rights we expressly stated in this section.
This license does not grant the user the right to do any of the following:
Resell or make any commercial use of the Services or any of the Service content; modify, adapt, translate, reverse engineer, decompile, disassemble, or convert into human readable form any of the Service content not intended to be so read, including using or directly viewing the underlying HTML or other code from the Services except as interpreted and displayed in a web browser; copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post, store, or transmit any of the Service content, including without limitation any Marks, in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; use any manual or automated software devices or other processes (including data mining, bots, spiders, automated tools or similar data gathering and extraction methods) to “crawl” or “spider” any page of the Services or to collect any information from the Services or any user of the Services; or harvest or scrape any content from the Services.
License you Grant to Fitz
Occasionally, you may see areas on the Services where you can post information or communicate with us or other users. We hope you will use these tools to meet the rest of our community and give us your feedback.
These areas may be in the form of social media posts, bulletin boards, chat rooms, comment areas, billboards, forums, news groups, postings sections or similar communications facilities.
You will keep all ownership or license rights in your User Content (as defined below), including the right to grant additional licenses to your User Content. There are no restrictions on your ownership and license rights in your User Content unless you otherwise agree in writing. However, when you provide your User Content to us, you are explicitly granting us license to use it, as outlined below.
When you submit, distribute, transmit, or post any communications or any other material to Fitz (either through the Services, or through our pages on third party sites, such as Instagram, Twitter and Facebook), this is collectively “User Content”. However, User Content specifically DOES NOT INCLUDE the measurements from the scan used to create your virtual fitting session and the scale recording used to calibrate fit. It further does not include the contents of private conversations you have with Fitz customer support. Sharing of User Content gives us a right and license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your User Content in any and all media formats or distribution channels. You agree that this license includes the right for Fitz to use your User Content to provide, promote, and improve the Services. You agree that this license is irrevocable, non-exclusive, perpetual, worldwide, transferable, sublicensable, fully paid, royalty-free, and will survive termination of your Account. Please note that we may use User Content without compensation of any kind to you, including if we use User Content for advertising or promotional purposes.
You also agree that if your User Content contains any ideas, concepts, know-how, or techniques, we can use the User Content and anything it contains for any purpose including, but not limited to, developing, manufacturing, and marketing products.
In addition to giving Fitz a license, you also give each user of the Services an irrevocable, non-exclusive, perpetual, worldwide, transferable, sublicensable, fully paid, and royalty-free right and license to access your User Content through the Services and to use, edit, modify, publish, reproduce, distribute, prepare derivative works of, display, perform, adapt, and promote such submissions, including after any termination of your Account.
The bottom line is that if you share something with us beyond the measurements from the scan used to create your virtual fitting session and the scale recording used to calibrate fit required to place an order, your customer service conversations, or your vision prescription, you keep ownership of it and can continue to do anything you want with it, but you allow us and our other users to use your User Content as we see fit. If you don’t agree to these conditions, then please don’t provide the materials to us.
Representations About Content You Submit
When you submit User Content, you represent and warrant that you hold all necessary right, title, and license to such materials; that your submission of such materials to Fitz does not and will not violate or infringe the rights of any third-parties, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights; and all User Content you provide is accurate, complete, up-to-date, and not misleading.
In addition, any User Content must not
include any profanity or obscene, indecent, or pornographic material; contain any unauthorized or unsolicited advertising, such as spam; contain software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of ours or of any third party; impersonate any person or entity; or include anyone’s identification documents or sensitive financial information.
Digital Millennium Copyright Act
Just as we ask you to respect our intellectual property rights, we respect your rights and the rights of others, and we expect all our users to do the same. If we believe a user may be infringing upon someone’s intellectual property rights, we may remove the material. If we believe someone is repeatedly infringing, we will terminate that person’s access rights.
If you believe someone has posted on the Services a work that you own without your authorization, let us know. Please send a notice of copyright infringement containing the following to our Designated Agent (whose contact information is below):
a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
identification of works or materials being infringed;
identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence;
your contact information, including address, telephone number and, if available, e-mail address;
a statement that you have a valid belief that the material is not authorized by the copyright owner, its agent, or the law; and
a statement made under penalty of perjury that the information provided is accurate and you are authorized to make the complaint on behalf of the copyright owner.
Please contact the Designated Agent to Receive Notification of Claimed Infringement for Company by emailing firstname.lastname@example.org.
Private vs. Non-private Content
Third-Party Content and User Content
You may see a lot of different content on the Services. Some of this content will come from other users or sources outside of Fitz Frames. All content, including User Content and third-party content, is the responsibility of the party that creates it. Fitz does not control or endorse any User Content or third-party content, and we make no claims or representations regarding any content we do not create. We may provide links to third-party sites or resources, but these links do not mean we endorse or have any associations with the third parties. Please note that any moderators, forum managers, or hosts on the Services are not authorized as our spokespersons, and their views do not necessarily reflect those of Fitz Frames.
If any damage or loss results from your use of, reliance on, or any other connection between you and any content that any third party makes available, you acknowledge and agree that we are not responsible or liable, directly or indirectly. When you access third-party resources on the Internet, you do so at your own risk.
We may review content on the Services, but we do not have an obligation to do so. We reserve the right to review, remove, block, or modify any content on the Services, including User Content, without notice or further obligation to you.
We take no responsibility related to third-party content, User Content, or any actions resulting from your use of any part of the Services. Fitz will have no liability in connection with any content submitted to, transmitted via, or displayed or posted on or through the Services, regardless of whether Fitz or another party provides it.
1. All users understand and agree that we have no control over, and no duty to take any action regarding:
which users access the Services; what content you access via the Services; what effects the content may have on you; how you may interpret or use the content; or what actions you may take as a result of your exposure to the content.
2. You release us from all liability related to you acquiring or not acquiring content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals.
3. THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FITZ DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES OR ANY CONTENT ON THE SERVICES, WHETHER PROVIDED OR OWNED BY FITZ OR BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IN ADDITION, FITZ DOES NOT REPRESENT OR WARRANT THAT THE CONTENT ACCESSIBLE VIA THE SERVICES IS ACCURATE, COMPLETE, AVAILABLE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FITZ OR ANYONE REPRESENTING FITZ BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR (A) ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM: (I) YOUR ACCESS TO, USE OF, OR RELIANCE ON ANY CONTENT PROVIDED THROUGH THE SERVICES OR ANY ERRORS OR OMISSIONS IN ANY CONTENT; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES OR FITZ’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY (REGARDLESS OF THE SOURCE OF ORIGINATION) OR (B) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF (I) FEES PAID TO US FOR THE APPLICABLE PRODUCTS; OR (II) $500.00.
THESE LIMITATIONS APPLY REGARDLESS OF LEGAL THEORY, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FITZ WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend, and hold harmless Fitz, its agents, licensors, and service providers, and their respective past and present officers, directors, employees, and representatives, from and against any and all claims, actions, demands, liabilities, costs, and expenses, including, without limitation, reasonable attorneys’ fees, resulting from your breach of any provision of this Agreement, including any warranty you provide herein, or otherwise resulting in any way from your use of the Service.
We reserve the right to terminate your license to use the Services or block or prevent your access to the Services, without providing you with notice or reason. In the event of termination, your obligations under these Terms will still continue.
No matter where you’re located, the laws of the State of California will govern these Terms and the relationship between you and Fitz as if you signed these Terms in California, without regard to California’s conflicts of laws rules. If any provisions of these Terms are inconsistent with any applicable law, those provisions will be superseded and/or modified only to the extent such provisions are inconsistent. The parties agree to submit to the federal or state courts in Los Angeles County, Los Angeles for exclusive jurisdiction of any dispute arising out of or related to your use of the Services or your breach of these Terms.
If it turns out that any part of these Terms are invalid, void, or for any reason unenforceable, that term will be deemed severable and limited or eliminated to the minimum extent necessary. The limitation or elimination of the term will not affect any other terms.
We take our commitment to customers seriously, and we’ll do what we can for you. However, sometimes things may come up that are outside of our control. We will not be liable for any failure to perform any of our obligations stated in these Terms if the failure results from a cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
You cannot assign, transfer or sublicense these Terms without first obtaining our written consent. We may assign, transfer, or delegate any of our rights and obligations without consent. These Terms do not create any agency, partnership, joint venture, or employment relationship, and neither party has any authority to bind the other in any respect.
If we do not enforce any part of these Terms, it does not mean we give up the right to later enforce that or any other part of these Terms. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
The section and paragraph headings in these Terms are for convenience only and do not affect their interpretation.