1. Overview

a. The following Terms of Use (the “Terms”) are a binding legal agreement between you and Seefunge Pharmaceutical Technology Co., Ltd based in Zhejiang, China, on behalf of itself and its affiliates (collectively, “Seefunge”). These Terms govern your use of any website operated by or on behalf of Seefunge that links to these Terms (the “Sites”) and products and services accessible via the Sites and corresponding mobile applications (“Apps") that are offered by Seefunge. To make these Terms easier to read, the Sites, Apps, and products and services offered through the Sites and Apps are collectively called the “Services”.   

b. You may use the Services only if you are 18 years or older and capable of forming a binding agreement with Seefunge and are not otherwise prohibited from using the Services under applicable law. 

2. Acceptance of Terms and Changes to these Terms or the Services

a. By using the Services, you agree to be bound by these Terms.  If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that case, “you” and “your” will refer to that entity.   

b. If you do not agree to these Terms, do not use the Services.  

c. To the maximum extent permitted by law, Seefunge reserves the right, at its sole discretion, to update the Terms without notice to you. If Seefunge does update the Terms, Seefunge will let you know by posting the updated Terms on the Sites, to the Apps and/or may also send other communications. It’s important that you review the Terms whenever Seefunge updates them or you use the Services. Your continued use of the Services following an update to these Terms constitutes your acceptance of those updates. If you don’t agree to be bound by the changes, you may not use the Services anymore. Because the Services are evolving over time, Seefunge may also change or discontinue all or any part of the Services, at any time and without notice, at Seefunge’s sole discretion. 

3. General Prohibitions and Scope of Use

a. You agree not to do any of the following:

submit any content that: (A) infringes, misappropriates or violates a third party's intellectual property or other right; (B) violates, or encourages any conduct that would violate, any applicable law or regulation or that would give rise to civil liability; (C) is fraudulent, false, deceptive, defamatory, obscene, pornographic, vulgar, offensive, discriminatory, harassing, violent, or threatening; or (D) is an advertisement or solicitation;
 use, display, mirror or frame the Services or any individual element within the Services, Seefunge’s name, any Seefunge trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Seefunge’s express written consent;
access, tamper with, or use non-public areas of the Services, Seefunge’s systems, or the systems of Seefunge’s providers;
breach or attempt to test the vulnerability of any system or network, or circumvent or breach any security or authentication measures related to the Services;  
attempt to access, search or use the Services or download content from the Services using any means other than as provided by Seefunge or other generally available third-party web browsers;
use the Services, or any portion thereof, for any commercial purpose (except for select Services where use is intended for commercial purpose), for the benefit of any third party, or in any manner not permitted by these Terms;
attempt to decompile or reverse engineer any of the software used to provide the Services;
interfere with, or attempt to interfere with, the Services through technical means, including, without limitation, sending a virus or DDoS attacks;
collect, transmit, store or otherwise process any personally identifiable information from or through the Services related to other individuals in violation of the individual’s privacy rights;
violate, or encourage any conduct that would violate, any applicable law or regulation or that would give rise to civil liability;
use the Services for the development, production, or marketing of a service or product substantially similar to the Services; or
encourage or enable any other individual to do any of the foregoing.  

b. Seefunge is not obligated to monitor access to or use of the Services or to review or edit any content. However, Seefunge has the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. To the maximum extent permitted by law, Seefunge reserves the right, but is not obligated, to remove or disable access to any content at any time and without notice, including, but not limited to, if Seefunge, at its sole discretion, considers it objectionable or in violation of these Terms. Seefunge has the right to investigate violations of these Terms or conduct that affects the Services. Seefunge may also consult and cooperate with law enforcement authorities to prosecute users who violate the law. 

c. You acknowledge and agree that Seefunge and its licensors exclusively own all right, title, and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the People’s Republic of China and other countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark or other proprietary rights notices incorporating in or accompanying the Services. Any rights not expressly granted herein are reserved. Requests for permission to reproduce any content available via the Services should be addressed to Seefunge Pharmaceutical Technology Co., Ltd, 10th Floor, Building 2, No. 4000 Fucheng Road, Qiantang District, Hangzhou, China 

4. Your Content

a. Certain Services may allow you to share content such as text (in posts) graphics, images, audio and video. Anything (other than Feedback) that you post or otherwise make available through the Services is referred to as “User Content”. Seefunge does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to your User Content.  

b. By making any User Content available through the Services you hereby grant to Seefunge a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Services. 

c. You are solely responsible for all your User Content. You represent and warrant that you have (and will have) all rights that are necessary to grant Seefunge the license rights in your User Content under these Terms. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Seefunge on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law, regulation or industry best practice. 

d. You can remove your User Content by specifically deleting it. You should know that in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services. To the maximum extent permitted by law, Seefunge is not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content. 

5. Termination

Seefunge reserves the right, in its sole discretion, to suspend or terminate your access to and use of the Services, with or without notice to you. You agree that Seefunge will not be liable to you or any third party for any termination of your access to the Services. Upon termination, discontinuation or cancellation of the Services or an account you have with Seefunge, the following Sections of these Terms will survive: 3, 4(b), 4(c), 5,, 14,, 16, 17, 18, 19, 20, 21, 22, and 23.  

6. Privacy

Please review the Seefunge Privacy Notice for information on how Seefunge may collect, use, and share your Personal Information.  

7. Feedback

If you send any suggestions, inventions, modifications, improvements, concepts, ideas or other feedback (“Feedback”) to Seefunge, Seefunge will have no obligation to protect, compensate you, or keep it confidential.  You hereby grant Seefunge a perpetual, irrevocable, worldwide, fully paid up and royalty free, transferable and sub-licensable license to the Feedback and all intellectual property and other rights therein to use, modify, develop, create derivative works based on, and otherwise exploit the Feedback in all forms. You represent and warrant that you own or otherwise control all rights in and to any such Feedback, and that our publication and use of your Feedback will not infringe the rights of any third party.

8. Product Information

Seefunge offers products to diagnose, prevent and treat medical conditions, particularly medical conditions relating eye health or vision.  These products are regulated by government agencies in each of the countries in which Seefunge does business. The Services contain information about products which may or may not be available in any particular country, may be available under different trademarks in different countries, and where applicable, may be approved or cleared by a government regulatory body for sale or use with different indications and restrictions in different countries. Nothing in the Services should be construed as a promotion or solicitation for any product or for the use of any product in a particular way which is not authorized by any relevant law or regulation in your jurisdiction. Specific questions about the availability and use of the Services should be directed to Seefunge.

9 . Medical Advice

a. Seefunge IS NOT A HEALTHCARE PROVIDER. No information made available via the Services is intended to be a substitute for professional medical advice, diagnosis or treatment of your medical condition. 

b. Specific questions pertaining to your medical condition and appropriate treatment should be directed to your health care provider. You should never disregard professional medical advice or delay seeking it because of something you have read via the Services. 

c. IF YOU BELIEVE YOUR MEDICAL CONDITION IS URGENT OR LIFE-THREATENING, CONTACT YOUR LOCAL EMERGENCY MEDICAL SYSTEM IMMEDIATELY.

10. Accuracy of Information

Although we attempt to maintain the integrity and accuracy of the information made available via the Services, we make no guarantees as to its correctness, completeness, or accuracy. The information made available via the Services may contain typographical errors, inaccuracies, or other errors or omissions. If you believe that information found via the Services is inaccurate or unauthorized, please inform us by contacting us.

11. Links to Third-Party Websites or Resources

The Services may contain links to third party websites or other resources. Seefunge is providing access only as a convenience, and Seefunge accepts no responsibility for content, products, or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third party resources.  

12. Rights and Terms for Apps

If you comply with these Terms, Seefunge grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install the App/s on your personal computers, mobile handsets, tablets, wearable devices, and/or other devices and to run the Apps solely for your own personal non-commercial purposes (except for select Apps where use is intended for commercial purposes).  Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the Apps; (ii) distribute, transfer, sublicense, lease, lend or rent the Apps to any third party; (iii) reverse engineer, decompile or disassemble the Apps (unless applicable law permits, despite this limitation); or (iv) make the functionality of the Apps available to multiple users through any means, or avail yourself of the functionality of the Apps through a third party user. 

13. Account, Password, Confidentiality and Security

a. You may be required to provide an account and password to access portions of the Services. 

b. When you create, access or use an account, you agree to: (i) provide accurate, current, and complete information about yourself; and (ii) maintain and promptly update such information to keep it accurate, current, and complete. If you provide any such information that is untrue, inaccurate, misleading or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate any account you establish in connection with your use of the Services and refuse any and all current or future use of the Services or any portion thereof. 

c. If you submit personal information relating to other people to us or to our service providers in connection with the Services, you represent that you have the authority to do so and to permit us to use the information in accordance with the Privacy Policy. 

d. You agree to be fully responsible for all access, use and activities that occur under your account and password. You are solely responsible for maintaining the confidentiality of your account and password. You must not disclose your account and password to anyone. You must not leave any computer unattended while logged on to any of the Services. You agree to immediately notify Seefunge of any breach of security of your account or password, such as theft, unauthorized use, attempted use, or tampering. You agree to exit and log out from your account at the end of each session. The account and password must not be transferred, requested, accessed or obtained from the person that it was issued to. Replacement accounts can be obtained from Seefunge in Seefunge’s sole discretion. You may be held liable for losses incurred by Seefunge or any other user the Services due to someone else using your account or password as a result of your failing to keep your account information secure and confidential.

14. Export Regulation

You will comply with all applicable export, sanctions and foreign corruption laws and regulations of the People’s Republic of China and other countries (“Trade Laws”) to ensure that the Services are not: (a) exported or re-exported directly or indirectly in violation of Trade Laws; or (b) used for any purposes prohibited by the Trade Laws.  

15. Copyright

Seefunge respects the intellectual property rights of others and expects its users to do the same. It is Seefunge’s policy to terminate, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of user who repeatedly infringe the copyrights of others in accordance with applicable laws. 

16. Equitable Relief

You acknowledge that any violation of these Terms will result in irreparable harm for which damages would not be an adequate remedy.  Therefore, in addition to other rights and remedies otherwise available at law, Seefunge will be entitled to seek immediate equitable relief, including injunctive relief, as appropriate. If Seefunge seeks any equitable remedies, Seefunge will not be precluded or prevented from seeking remedies at law, nor will we be deemed to have made an election of remedies. These remedies are in addition to any other remedies Seefunge may have at law or in equity.

17. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.  WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Seefunge MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, THAT THE CONTENT CONTAINED OR REFERENCED IN THE SERVICES IS ACCURATE, COMPLETE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 

18. Limitation of Liability

a. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER Seefunge NOR ANY OF ITS SERVICE PROVIDERS  WILL BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE),  CIVIL LIABILITY, PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT Seefunge OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. 

b. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL Seefunge’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO Seefunge FOR USE OF THE SERVICES.

c. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Seefunge AND YOU.

19. Indemnification

You will indemnify and hold harmless Seefunge and its directors, officers, agents, and employees from and against any and all liabilities, disputes, demands, damages, losses, claims, costs and expenses, including reasonable legal and accounting fees arising out of or in an way connected with: (a) Feedback or content you submit, post or transmit through the Services, (b) your access and use of the Services, or (c) your violation of these Terms.  

20. Choice of Law and Forum

To the maximum extent permitted by law, these Terms and any action related thereto will be governed by the laws of the People’s Republic of China, excluding its conflict of law provisions. To the maximum extent permitted by law, the exclusive jurisdiction for any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services will be the  Intermediate People’s Court of Hangzhou City of Zhejiang Province, and you and Seefunge each waive any objection to jurisdiction or venue in such courts.

21. Entire Agreement

These Terms (together with the documents referred herein) constitute the entire and exclusive agreement between you and Seefunge regarding the Services, superseding any prior or contemporaneous communications, agreements, and proposals (whether oral or written) between you and Seefunge regarding the Services. If any portion of these Terms is held invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

22. No Waiver

The failure of Seefunge to enforce any provisions of these Terms or respond to a breach by you or other parties will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Seefunge. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

23. Miscellaneous

You agree that no joint venture, partnership, employment, or agency relationship will exist between you and Seefunge as a result of these Terms or your use of the Services. Except where provided by applicable law in your jurisdiction, you may not assign or transfer these Terms, by operation of law or otherwise, without Seefunge’s prior written consent. Any attempt by you to assign or transfer these Terms absent our consent or your statutory right, without such consent, will be null. Seefunge may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. Any notices or other communications provided by Seefunge under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. 

24. Contact Information

If you have any questions about these Terms or the Services, please use the Contact Us page.