OCUFII – TERMS OF SERVICE AGREEMENT
Last Updated: August 28, 2025
This Terms of Service Agreement (“Agreement”) governs your use of all Ocufii services, including but not limited to our websites (www.ocufii.com and www.ocufiistore.com), mobile applications, and any features or tools provided therein. By accessing or using any Ocufii sites or apps, you agree to be bound by this Agreement.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY
By accessing or using our websites (the “Sites”), our mobile applications (the “Apps”), or any of our Services, you agree to be bound by these Terms of Service and all terms incorporated herein by reference. It is your responsibility, as a user, customer, or prospective customer, to read these Terms of Service before using our Sites, Apps, or Services. If you do not expressly agree to all of the Terms of Service, you must not access or use our Sites, Apps, or Services.
These Terms of Service (this “Agreement” or “Terms”) constitute a legally binding agreement between you and Ocufii, Inc. (“Ocufii”), a corporation duly organized and existing under the laws of the State of North Carolina, with its principal place of business located at 311 Buffalo Creek Road, Suite A, Lake Lure, North Carolina 28746. This Agreement supersedes and replaces all prior agreements between you and Ocufii regarding the use of our Sites, Apps, and Services.
OVERVIEW
The Sites (www.ocufii.com and www.ocufiistore.com) and the Apps (Ocufii and NotifyMe) are operated by Ocufii, Inc. Throughout the Sites and the Apps, the terms “we,” “us,” and “our” refer to Ocufii. Ocufii offers these Sites and Apps, including all information, tools, and services available from them, to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated herein.
By visiting our Sites, using our Apps, or purchasing products or services from Ocufii, you engage in our Services and agree to be bound by these Terms of Service, including any additional terms, conditions, and policies referenced herein or available via hyperlink. These Terms apply to all users of the Sites and the Apps, including, without limitation, browsers, customers, vendors, merchants, and contributors of content. In the event of any inconsistency between this Agreement and any additional terms or policies, the provisions of the additional terms or policies shall prevail.
Please read these Terms carefully before accessing or using our Sites or Apps. By accessing or using any part of the Sites or the Apps, you agree to be bound by these Terms. If you do not agree to all the Terms of this Agreement, you may not access the Sites, use the Apps, or engage with any Services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
Any new features or tools added to the current platform shall also be subject to these Terms. You may review the most current version of the Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates or changes to our Sites or Apps. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Sites and the Apps following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – GENERAL TERMS
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority and have provided consent for any of your minor dependents to use the Sites or Apps.
You may not use our products, the Sites, or the Apps for any illegal or unauthorized purpose, nor may you, in the use of our products, the Sites, or the Apps, violate any laws in your jurisdiction (including, but not limited to, motor vehicle laws).
You must not transmit any viruses, worms, or any code of a destructive nature.
A breach or violation of any of these Terms will result in the immediate termination of your account and your right to use our Services.
We reserve the right, but not the obligation, to take any of the following actions at our sole discretion, at any time and for any reason, without prior notice:
- Restrict, suspend, or terminate your access to all or any part of our Sites or Apps;
- Change, suspend, or discontinue all or any part of our products, Sites, or Apps;
- Refuse, move, or remove any content available on any part of our Sites or Apps;
- Deactivate or delete your account(s);
- Establish general practices and limits concerning use of our Sites and Apps.
You agree that we shall not be liable to you or any third party for taking any of these actions.
You understand and agree that our Sites and Apps may include communications such as service announcements and administrative or legal notices from us. You acknowledge that you cannot opt out of receiving these notices.
You understand that your content (excluding credit card information), may be transmitted unencrypted and may involve: (a) transmissions over various networks; and (b) modifications to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transmission over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Sites or Apps, use of the Sites or Apps, or access to the Sites or Apps, or any contact on the Sites or Apps, without our express written permission.
You may not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works from, or otherwise exploit any content found on the Sites or Apps, in whole or in part. Ocufii content is not for resale. Use of the Sites or Apps does not entitle you to make any unauthorized use of any protected content. You agree not to delete or alter any proprietary rights or attribution notices in any content.
You may use protected content solely for your personal use and may not make any other use of the content without the express written permission of Ocufii and the applicable copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Ocufii or our licensors except as expressly authorized by these Terms.
SECTION 2 – CREATING AN ACCOUNT
Upon creating an account with Ocufii, you are registered as a member on our Sites and Apps. The terms “member,” “membership,” and “account” refer to this registration. If you are merely browsing through the Sites or Apps without creating an account, your use is still subject to this Agreement. If you do not agree to these Terms, you must not use the Sites or Apps.
When creating an account, you will be required to provide a unique username and email address, and to create a secure password. You are solely responsible for all activities that occur under your username and password. You must keep your login credentials confidential and secure. You may not assign or transfer your account to any other person or entity. Ocufii is not responsible for unauthorized access to your account resulting from theft, loss, or misappropriation. You must notify us immediately if you suspect unauthorized use of your account.
By registering, you acknowledge, understand, and agree to:
(a) provide accurate, current, and complete information as requested during the registration process; and
(b) maintain and promptly update your account information to ensure its accuracy and completeness.
If you knowingly provide false, inaccurate, or incomplete information, Ocufii reserves the right to suspend or terminate your account and deny any current or future access to our Services.
SECTION 3 – CONDUCT
As a user or member of the Sites or Apps, you acknowledge, understand, and agree that all information, text, software, data, photographs, music, video, messages, tags or any other content – whether it is publicly or privately posted or transmitted – is the sole responsibility of the individual from whom the content originated. This means that you are solely responsible for any content you post, upload, email, transmit or otherwise make available through Ocufii Services. Ocufii does not guarantee the accuracy, integrity or quality of such content. You understand that by using our Services, you may be exposed to content that contains errors or omissions, or that may result in loss or damage of any kind.
You further agree not to use Ocufii’s Services for any of the following purposes:
(a) Uploading, posting, emailing, transmitting, or otherwise making available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or otherwise objectionable;
(b) Causing harm to minors in any way;
(c) Impersonating any person or entity, including Ocufii officials, forum leaders, guides, or hosts, or misrepresenting your affiliation with any person or entity;
(d) Forging headers or titles, or offering content you do not have the legal or contractual right to share;
(e) Uploading or transmitting content that infringes on any patent, copyright, trademark, or other proprietary rights;
(f) Uploading or transmitting content you do not have the right to share under any law or contractual obligation;
(g) Sending unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” or other forms of solicitation, except in designated areas;
(h) Uploading or transmitting software viruses or any code designed to interfere with or damage software, hardware, or telecommunications equipment;
(i) Disrupting the normal flow of communication or interfering with other users’ ability to engage in real-time interactions;
(j) Interfering with or disrupting Ocufii’s Services, servers, or networks connected to our Sites or Apps, including using software or devices to bypass security protocols;
(k) Violating any local, state, federal, or international law, including securities regulations;
(l) Providing support or resources to any organization designated as a “foreign terrorist organization” under U.S. law;
(m) Stalking or harassing another individual; and/or
(n) Collecting or storing personal data about other users in connection with prohibited activities.
Ocufii reserves the right to pre-screen, refuse, or delete any content available through our Services. We may remove content that violates these Terms or is deemed offensive to other users.
Ocufii also reserves the right to access, preserve, and disclose account information or content if required by law or if we believe such action is reasonably necessary to:
(a) Comply with legal processes;
(b) Enforce these Terms;
(c) Respond to claims of rights violations;
(d) Provide customer support; or
(e) Protect the rights, property, or safety of Ocufii, its users, or the public.
Ocufii may use security components to protect digital content, subject to usage guidelines established by Ocufii or its content providers. You are prohibited from attempting to override or circumvent these protections. Unauthorized reproduction, distribution, or display of any content or materials from our Services, in whole or in part, is strictly prohibited.
SECTION 4 – GLOBAL USE; EXPORT/IMPORT COMPLIANCE
Due to the global nature of the internet, you agree to comply with all applicable local laws and regulations governing online conduct and acceptable content. The uploading, posting, and transmission of software, technology, and other technical data through our Services may be subject to the export and import laws of the United States and other jurisdictions.
By using our Services, you agree to comply with all relevant export and import laws, statutes, and regulations, including but not limited to:
- The U.S. Export Administration Regulations – (http://www.access.gpo.gov/bis/ear/ear_data.html),
- The U.S. sanctions control program – (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx
You further represent and warrant that you:
(a) Are not listed on any government export exclusion list (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) and are not a citizen or resident of any country subject to export restrictions;
(b) Will not transfer any software, technology, or technical data through our Services to any export-prohibited country;
(c) Will not use our Services for any military, nuclear, missile, chemical, or biological weapon-related purposes in violation of U.S. export laws;
(d) Will not post, transfer, or upload any software, technology, or technical data that violates applicable export or import laws.
SECTION 5 – SUBMITTED CONTENT
Ocufii, Inc. does not claim ownership of any content submitted by visitors, members, or users, nor does it make such content available for inclusion in our Sites or Apps without permission. However, by submitting content to publicly accessible areas of our Sites or Apps, you grant Ocufii, Inc. the following worldwide, royalty-free, non-exclusive licenses, as applicable:
(a) For content submitted or made available in publicly accessible areas, you grant Ocufii the right to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display such content solely for the purpose of providing and promoting the area in which the content was submitted. This license remains in effect as long as you are a member of Ocufii’s Sites or Apps and terminates upon your discontinuation of membership.
(b) For photos, audio, video, and graphics submitted to publicly accessible areas, you grant Ocufii the same rights as above, for the sole purpose of providing and promoting the area in which the content was submitted. This license also terminates upon your discontinuation of membership.
(c) For all other content submitted to publicly accessible areas, you grant Ocufii a perpetual, binding, and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display such content, in whole or in part, and to incorporate it into other works in any format or medium now known or later developed.
“Publicly accessible areas” refer to areas of Ocufii’s Sites or Apps intended to be available to the general public, such as message boards and public groups. Areas restricted to members only, such as private messaging or mail systems, are not considered publicly accessible.
Contributions to Ocufii’s Sites and Apps Ocufii may provide areas for users and members to submit feedback, ideas, documents, suggestions, and proposals (“Contributions”). By submitting Contributions, you acknowledge and agree that:
(a) Your Contributions do not contain confidential or proprietary information;
(b) Ocufii is not obligated to maintain confidentiality regarding your Contributions;
(c) Ocufii may use or disclose your Contributions in any manner it deems appropriate;
(d) Your Contributions automatically become the sole property of Ocufii; and
(e) Ocufii is under no obligation to compensate or reimburse you for your Contributions in any form.
SECTION 6 – INDEMNITY
All users and members agree to indemnify, defend, and hold harmless Ocufii, Inc., including its subsidiaries, affiliates, agents, employees, officers, partners, and licensors, from and against any and all claims, demands, liabilities, damages, losses, and expenses (including reasonable attorney’s fees) arising out of or related to:
- Any content submitted, posted, modified, transmitted, or otherwise made available through our Sites, Apps, or Services;
- Your use of Ocufii’s Sites, Apps, Services, or Products;
- Your violation of these Terms of Service or any applicable law or regulation;
- Your violation of any rights of another individual or entity, including but not limited to privacy, intellectual property, or contractual rights;
- Any claim of injury, harm, or death resulting from or alleged to result from your use or misuse of Ocufii’s Sites, Apps, Services, or Products.
This indemnification obligation shall survive the termination of your account and your use of Ocufii’s Services, and the termination of these terms.
SECTION 7 – COMMERCIAL REUSE OF SERVICES
You agree not to replicate, duplicate, copy, trade, sell, resell, or otherwise exploit for any commercial purpose any portion of Ocufii’s Sites, Apps, Services, or access thereto, without the express written consent of Ocufii, Inc.
SECTION 8 – MODIFICATIONS
Ocufii, Inc. reserves the right, at any time and in its sole discretion, to modify, alter, suspend, or discontinue—temporarily or permanently—any aspect of its Services, including but not limited to the Sites, Apps, or any portion thereof, with or without prior notice. You acknowledge and agree that Ocufii shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services, or any part thereof.
SECTION 9 – TERMINATION
As a registered member of Ocufii’s Sites or Apps, you may cancel or terminate your account, associated email address, and access to our Services by submitting a written request to info@ocufii.com.
You acknowledge and agree that Ocufii, Inc. may, at its sole discretion and without prior notice, immediately suspend, terminate, discontinue, or limit your account, any associated email address, and access to any part of our Services. Grounds for such action may include, but are not limited to:
(a) Any breach or violation of these Terms or any other incorporated agreement, regulation, or guideline;
(b) Requests from law enforcement or other governmental authorities;
(c) Discontinuation, alteration, or material modification of our Services;
(d) Unexpected technical or security issues;
(e) Extended periods of account inactivity;
(f) Engagement in fraudulent or illegal activities; or
(g) Nonpayment of any fees owed in connection with your account.
You further agree that any termination, suspension, or limitation of access shall be made at Ocufii’s sole discretion and that Ocufii shall not be liable to you or any third party for such actions.
Termination of your account may include, but is not limited to:
(a) Revocation of access to all or part of the Services offered through Ocufii’s Sites or Apps;
(b) Deletion of your password, account information, files, and any content associated with your account; and
(c) Prohibition from further use of all or part of our Services.
SECTION 10 – LINKS
Ocufii, Inc., and third-party providers may offer links to external websites or resources. You acknowledge and agree that Ocufii is not responsible for the availability of such external websites or resources, and does not endorse, warrant, or assume any liability for any content, products, services, advertising, or other materials available from third-party websites or resources.
Furthermore, you acknowledge and agree that Ocufii, Inc. shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your access to, use of, or reliance on any content, goods, or services available on or through any such third-party websites or resources.
SECTION 11 – INTELLECTUAL PROPERTY AND LICENSING RESTRICTIONS
You acknowledge and agree that Ocufii, Inc.’s Services—including any associated software (“Software”)—contain proprietary and confidential materials protected by applicable intellectual property laws and other legal rights. This includes, but is not limited to, content made available through the Services, such as advertisements or third-party information, which may be protected by copyrights, trademarks, patents, or other proprietary rights.
Except as expressly permitted by law or with prior written authorization from Ocufii, Inc. or the applicable rights holder, you agree not to:
- Alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform, or create derivative works based on any part of the Services or Software.
Ocufii, Inc. grants you a limited, non-exclusive, non-transferable, and revocable license to access and use its websites, mobile applications (“Apps”), and Services solely for your personal, non-commercial use and in accordance with these Terms.
Unless expressly permitted by law or with prior written consent from Ocufii, Inc., you may not:
- Copy, modify, distribute, sell, lease, reverse engineer, decompile, or attempt to extract the source code of any part of the Services or Software.
Any unauthorized use of the Services or Software is strictly prohibited and may result in suspension or termination of your access, as well as potential legal consequences.
SECTION 12 – INTELLECTUAL PROPERTY RIGHTS
You acknowledge, understand, and agree that all trademarks, copyrights, trade names, service marks, logos, brand features, and product or service names associated with Ocufii, Inc. are the exclusive property of Ocufii, Inc. You agree not to display, use, or reproduce any Ocufii, Inc. marks or branding without prior written consent from Ocufii, Inc.
Ocufii, Inc. respects the intellectual property rights of others and expects all users to do the same. In appropriate circumstances and at its sole discretion, Ocufii, Inc. may suspend or terminate the accounts of users who violate these terms or infringe the rights of others.
If you believe that your copyrighted work or other intellectual property has been used in a way that constitutes infringement, you must provide us with the following information:
- a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the allegedly infringing material is located on our sites or services;
- your physical address, telephone number, and email address;
- a statement that you believe, in good faith, that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement made under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner, or authorized to act on behalf of the owner.
You may submit this information to our designated copyright agent at:
Mailing address: Ocufii, Inc. Attn: Copyright Agent 311 Buffalo Creek Road, Suite A Lake Lure, North Carolina 28746
Email:info@ocufii.com
SECTION 13 – WARRANTY DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
- A) YOUR USE OF OCUFII, INC.’S SERVICES AND SOFTWARE IS AT YOUR SOLE RISK. THE SERVICES AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. OCUFII, INC., INCLUDING ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS, EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND—WHETHER EXPRESS OR IMPLIED—INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
- B) OCUFII, INC. AND ITS AFFILIATES MAKE NO WARRANTY THAT: (i) THE SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS OBTAINED FROM USE OF THE SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- C) ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT MAY RESULT FROM SUCH DOWNLOADS. YOU HEREBY WAIVE ANY CLAIMS OR CAUSES OF ACTION ARISING FROM SUCH USE.
- D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OCUFII, INC. OR THROUGH THE SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
- E) A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A SCREEN OR WHILE USING THE SERVICES. EVEN USERS WITH NO HISTORY OF SEIZURES MAY HAVE AN UNDETECTED CONDITION. IF YOU OR ANYONE IN YOUR FAMILY HAS AN EPILEPTIC CONDITION, CONSULT A PHYSICIAN BEFORE USE. DISCONTINUE USE IMMEDIATELY AND SEEK MEDICAL ATTENTION IF YOU EXPERIENCE SYMPTOMS SUCH AS DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, INVOLUNTARY MOVEMENTS, OR CONVULSIONS.
SECTION 14 – LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT OCUFII, INC., INCLUDING ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS, SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF OCUFII, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM OR RELATING TO:
- A) THE USE OR INABILITY TO USE OUR SITES, APPS, SERVICES, OR SOFTWARE;
- B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES;
- C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
- D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR THROUGH OUR SERVICES;
- E) ANY OTHER MATTER RELATING TO YOUR USE OF OCUFII, INC.’S SITES, APPS, SERVICES, OR SOFTWARE;
- F) AND WITHOUT LIMITATION, ANY CLAIMS FOR PERSONAL INJURY, HARM, OR DEATH RESULTING FROM THE USE OR MISUSE OF OUR SITES, APPS, SERVICES, OR SOFTWARE.
YOU AGREE THAT YOUR USE OF OCUFII, INC.’S SERVICES IS AT YOUR OWN RISK, AND YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST OCUFII, INC. AND ITS AFFILIATES ARISING FROM SUCH USE, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
SECTION 15 – RELEASE
In the event of any dispute, you agree to release Ocufii, Inc., including its officers, directors, employees, agents, parent companies, subsidiaries, affiliates, co-branders, partners, and any other third parties, from any and all claims, demands, and damages—whether actual or consequential—of every kind and nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected to such dispute.
This release includes, without limitation, any claims related to personal injury, property damage, or death that may arise from or be connected to your use or misuse of Ocufii’s sites, apps, services, or products.
SECTION 16 – NOTICE
Ocufii, Inc. may provide you with notices regarding changes to these terms or other important information through various means, including but not limited to: email, postal mail, SMS or MMS text messages, in-app notifications, push notifications, postings on our websites or mobile apps, or any other reasonable method now known or later developed.
You acknowledge and agree that you may not receive such notices if you violate these terms by accessing our services in an unauthorized manner. By accepting this agreement, you agree that you are deemed to have received all notices that would have been delivered had you accessed the services through authorized means.
SECTION 17 – ENTIRE AGREEMENT
This agreement constitutes the entire agreement between you and Ocufii, Inc. and governs your use of our services, superseding any prior agreements between you and Ocufii, Inc. with respect to the services.
You may also be subject to additional terms and conditions that apply when you use or purchase certain other Ocufii, Inc. services, affiliate services, third-party content, or third-party software.
SECTION 18 – CHOICE OF LAW AND FORUM
It is mutually agreed by you and Ocufii, Inc. that this agreement and the relationship between the parties shall be governed by the laws of the state of North Carolina, without regard to its conflict of law provisions.
You further agree that any claims, causes of action, or disputes arising out of or relating to this agreement—or your relationship with Ocufii, Inc.—shall be brought exclusively in the state or federal courts located in Rutherford County, North Carolina. You and Ocufii, Inc. consent to the personal jurisdiction of these courts and waive any objections to venue or jurisdiction in such courts.
SECTION 19 – WAIVER AND SEVERABILITY OF TERMS
The failure of Ocufii, Inc. to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision.
If any provision of this agreement is found by a court of competent jurisdiction to be invalid or unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision. All other provisions of this agreement shall remain in full force and effect.
SECTION 20 – NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
You acknowledge, understand, and agree that your Ocufii, Inc. account is non-transferable, and any rights to your user ID or the contents within your account will terminate upon your death. Upon receipt of a valid death certificate, Ocufii, Inc. may terminate the account and permanently delete all associated content.
SECTION 21 – STATUTE OF LIMITATIONS
You acknowledge, understand, and agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of Ocufii, Inc.’s services or this agreement must be filed within one (1) year after the claim or cause of action arises. If not filed within that time, the claim or cause of action is permanently barred.
SECTION 22 – REPORTING VIOLATIONS
If you believe someone is violating these terms, please report it to Ocufii, Inc. using the contact information below:
Mailing address: Ocufii, Inc. 311 Buffalo Creek Road, Suite A Lake Lure, North Carolina 28746
Email:info@ocufii.com
SECTION 23 – GOVERNMENT REQUESTS
To comply with legal obligations, respond to subpoenas or court orders, protect our systems, or ensure the integrity and operation of our business, Ocufii, Inc. may access and disclose any information it deems necessary or appropriate. This may include, without limitation, your personal information, IP address, and usage history.
Any such disclosure will be made in accordance with the terms outlined in our privacy policy.
SECTION 24 – FOREIGN ACCESS OF SITE AND COMPLIANCE
The site and app are controlled, operated, and administered by Ocufii, Inc. from its offices within the United States. If you access the site or app from a location outside the U.S., you are responsible for complying with all local laws and regulations.
You agree not to use any content, services, or features provided by Ocufii, Inc. in any country or in any manner prohibited by applicable laws, restrictions, or regulations.
SECTION 25 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally, there may be information on our sites or apps that contains typographical errors, inaccuracies, or omissions. These may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability.
Ocufii, Inc. reserves the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the sites, apps, or any related platform is inaccurate at any time without prior notice, including after you have submitted your order.
We undertake no obligation to update, amend, or clarify information on the sites, apps, or any related platform, including, without limitation, pricing information, except as required by law. No specified update or refresh date should be interpreted as indicating that all information has been modified or updated.
SECTION 26 – PRIVACY POLICY
Your registration data and other personal information are protected by the Ocufii, Inc. online privacy policy, which can be reviewed at https://ocufii.com/privacy.
By using our services, you consent to the collection, use, and transfer of your information within the United States and, where applicable, to other countries for storage, processing, or use by Ocufii, Inc. and its subsidiaries or affiliates, in accordance with our privacy policy.
SECTION 27 – PERSONAL SAFETY FEATURE: TERMS, CONSENT, AND LIMITATIONS
Ocufii’s mobile applications may include personal safety features designed to help users notify emergency contacts or services in the event of a perceived threat or emergency. These features are offered as a convenience and are subject to the terms below. This feature is not a substitute for calling 911 or contacting emergency services directly. In the event of an emergency, you should always consider and attempt to call 911 or your local emergency number.
User Acknowledgement and Assumption of Risk
You understand and agree that the personal safety feature is provided “as is” and “as available,” and that your use of this feature is entirely at your own risk. Ocufii, Inc. does not guarantee the performance, accuracy, reliability, or timeliness of any alerts, location sharing, or emergency communications. The feature may be affected by factors beyond our control, including device settings, network availability, third-party service interruptions, or user error.
Ocufii, Inc. is not responsible for any injuries, damages, losses, or deaths that may occur as a result of using – or being unable to use – this feature, even if such outcomes appear to be related to the app’s functionality or performance.
Emergency Alerts, Recipient Limits, 911 Dialing
The personal safety feature allows you to send alerts to one (1) emergency contact. You may upgrade to a paid plan to notify up to six (6) contacts. You must enable location sharing for this feature to function, and Ocufii, Inc. will only transmit your location with your explicit consent. You are responsible for obtaining consent from your emergency contacts to receive such alerts.
The app includes a 911 auto-dial button to help you quickly call emergency services. This feature is provided for convenience only. Ocufii, Inc. is not affiliated with any emergency response agency and does not guarantee that emergency services will be dispatched or respond. This feature is not a substitute for calling 911 directly in an emergency.
Consent to Location Data Collection and Sharing
By enabling the personal safety feature, you consent to the collection, use, and sharing of your location and emergency status information for the sole purpose of delivering safety alerts. This data may be transmitted to your designated contacts and, if applicable, to third-party emergency dispatch services.
For more information, please review our Privacy Policy.
You are solely responsible for ensuring that your device settings, including location services and notification permissions, are properly configured to enable the personal safety feature to function as intended.
Free Access and Subscription Services
The base version of the personal safety feature is free to use. Optional upgrades, including additional emergency contacts and access to third-party dispatch services, are available through a paid subscription. By subscribing, you agree to the applicable billing terms and acknowledge that subscription services may be modified or discontinued at any time.
Limitation of Liability
To the fullest extent permitted by law, Ocufii, Inc., its officers, directors, employees, affiliates, partners, and licensors shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from or related to your use of the personal safety feature, including but not limited to:
- failure to notify emergency contacts,
- inaccurate or delayed location data,
- misuse or misinterpretation of the feature,
- or any harm, injury, or death resulting from reliance on the app.
Ocufii, Inc. is not responsible for failures or delays caused by third-party services, mobile carriers, internet providers, or device manufacturers that may impact the performance of the personal safety feature.
Indemnification
You agree to indemnify, defend, and hold harmless Ocufii, Inc. and its affiliates from any claims, liabilities, damages, losses, or expenses (including legal fees) arising out of or in connection with your use of the personal safety feature, your violation of these terms, or your infringement of any rights of another.
Changes to Features and Functionality
Ocufii, Inc. reserves the right, at its sole discretion, to modify, add, suspend, or remove any features, functionality, or services offered through its sites, apps, or software at any time and without prior notice to users. This includes, but is not limited to, changes to the availability of tools, user interface elements, emergency response features, or third-party integrations.
Ocufii, Inc. is not liable for any loss, inconvenience, or damages resulting from such changes, including the discontinuation of any feature or service. Your continued use of the sites, apps, or services following any such changes constitutes your acceptance of the modified offerings.
END OF TERMS OF SERVICE