PRIVACY POLICY FOR VITAL EYE HEALTH T

Privacy Policy for Vital Eye Health T App

Terms and Conditions for Vital Eye Health T App

Warranty for Vital Eye Health T App

Our app requires Bluetooth permission in order to connect to BLE device temperature monitor and fetch temperature which is core feature of the app. Our app also requires location permissions to scan for results of BLE devices.

Vital Eye Health T App is owned by C-Tech Inc. Protecting your private information is our priority. This Statement of Privacy applies to and governs data collection and usage. For the purposes of this Privacy Policy, unless otherwise noted, all references to include. By using Vital Eye Health T App, you consent to the data practices described in this statement.

Location Data. C-Tech Inc. may provide certain services through the Vital Eye Health T App that rely upon location information. We may ask background and foreground location data from user’s device to provide and improve these services, where available, C-Tech Inc. and its partners, licensees, third party developers and websites may transmit, collect, maintain, process and use your location data, including the real-time geographic location of the device or computer on which the Vital Eye Health T App is used and location search queries. The location data and queries collected by Vital Eye Health T App are collected in a form that does not personally identify you and may be used by Vital Eye Health T App and its partners, licensees, third party developers and websites to provide and improve location-based products and services. By using any location-based services provided by or through the Vital Eye Health T App, you agree and consent to C-Tech Inc.’s and its partners’, licensees’, third party developers’ and websites’ transmission, collection, maintenance, processing and use of your location data and queries to provide and improve such products and services. You may withdraw this consent at any time by going to the Location Services setting and either turning oﬀ the global Location Services setting or turning oﬀ the individual location setting for the Vital Eye Health T App.

Collection of your Personal Information

We do not collect any personal information about you unless you voluntarily provide it to us. However, you may be required to provide certain personal information to us when you elect to use certain products or services available with our system. These may include: (a) registering for an account on our App; (b) entering a sweepstakes or contest sponsored by us or one of our partners; (c) signing up for special offers from selected third parties; (d) sending us an email message; (e) submitting your credit card or other payment information when ordering and purchasing products and services to use our App. To wit, we will use your information for, but not limited to, communicating with you in relation to services and/or products you have requested from us. We also may gather additional personal or non-personal information in the future.

Use of your Personal Information

C-Tech Inc. collects and uses your personal information to operate its Vital Eye Health T App and deliver the services you have requested.

Sharing Information with Third PartieS

C-Tech Inc. does not sell, rent or lease its customer lists to third parties. C-Tech Inc. may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is transferred to the third party. C-Tech may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to, and they are required to maintain the confidentiality of your information. C-Tech Inc. may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on or the App; (b) protect and defend the rights or property of ; and/or (c) act under exigent circumstances to protect the personal safety of users of , or the public.

Opt-Out of Disclosure of Personal Information to Third Parties

In connection with any personal information we may disclose to a third party for a business purpose, you have the right to know:


•	The categories of personal information that we disclosed about you for a business purpose.

You have the right under the California Consumer Privacy Act of 2018 (CCPA) and certain other privacy and data protection laws, as applicable, to opt-out of the disclosure of your personal information. If you exercise your right to opt-out of the disclosure of your personal information, we will refrain from disclosing your personal information, unless you subsequently provide express authorization for the disclosure of your personal information. To opt-out of the disclosure of your personal information, contact C-Tech Inc.

Tracking User Behavior

C-Tech Inc. may keep track of the websites and pages our users visit within, in order to determine what services are the most popular. This data is used to deliver customized content and advertising within to customers whose behavior indicates that they are interested in a particular subject area.

Automatically Collected Information

Information about your computer hardware and software may be automatically collected by. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the website and or App.

Right to Deletion

Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:


•	Delete your personal information from our records; and

•	Direct any service providers to delete your personal information from their records.

Please note that we may not be able to comply with requests to delete your personal information if it is necessary to:


•	Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us;

•	Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;


•	Debug to identify and repair errors that impair existing intended functionality;

•	Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;


•	Comply with the California Electronic Communications Privacy Act;

•	Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent;


•	Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;

•	Comply with an existing legal obligation; or


•	Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.

Children Under Thirteen

C-Tech Inc. does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website or our App.

Opt-Out & Unsubscribe from Third Party Communications

We respect your privacy and give you an opportunity to opt-out of receiving announcements of certain information. Users may opt-out of receiving any or all communications from third-party partners of by contacting C-Tech Inc.

Changes to this Statement

C-Tech Inc. reserves the right to change this Privacy Policy from time to time. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your account, by placing a prominent notice on our site and App, and/or by updating any privacy information on this page. Your continued use of the Site and/or Services available through this Site after such modifications will constitute your: (a) acknowledgment of the modified Privacy Policy; and (b) agreement to abide and be bound by that Policy.

Contact Information

C-Tech Inc. welcomes your questions or comments regarding this Statement of Privacy. If you believe that has not adhered to this Statement, please contact C-Tech Inc. at contact section of vitaleyehealth.com:

Effective as of May 22, 2022

Legal Disclaimer on use of Vital Eye Health T and Equipment

Vital Eye Health T App is owned by C-Tech Inc.

Vital Eye Health T("Vital Eye Health T " "we," or "us") provides certain medical related software and hardware systems ("systems"). Our systems are used by healthcare professionals as a warning help to check the user for a medical diagnosis.

By purchasing, licensing, viewing, using and/or accessing the system, you acknowledge and agree that the systems provided by Vital Eye Health T are specific warning products and tools and not certified as a medical device; and not intended for any clinical or diagnostic use and intended to be used solely as a guide to alert medical personnel for a consultation to assess a diagnosis if any. You further acknowledge and agree that at all times you will use and access the system in compliance will all applicable laws and regulations; and in accordance with any user documentation, instruction manuals, guides and/or requirements we provide to you. You or medical staff, at no time shall any Vital Eye Health system be used to diagnose, treat or cure a human being’s condition or in a life-saving situation; and support professional medical decisions, diagnosis or treatments, or replace any diagnosis, recommendation, advice, treatment or decision by an appropriately trained and licensed physician. Use of the Vital Eye Health T as a medical device for medical diagnosis could cause serious injury or death.

Disclaimers

Vital Eye Health T makes no representations or warranties and shall not be responsible for the competency of any person who may use its system to make medical diagnosis.

Vital Eye Health T makes no representation or warranties that the system and the medical information provided on the system: (a) will be constantly available, or available at all; or (b) is error-free, complete, true, accurate, up to date and/or non-misleading. Your use of the system is with full knowledge and awareness that you waive any claim you may have against Vital Eye Health T for reliance on the information only warning alert Vital Eye Health T system displays.

Limitations on liability

In no event will Vital Eye Health T be liable for any personal injury loss of use, loss of profit, interruption of business, or any indirect, special, incidental, punitive or consequential damages of any kind (including lost profits), regardless of the form of action, whether in contract, tort (including negligence), strict product liability, or otherwise, even if Vital Eye Health has been advised or should have been aware of the possibility of such damages. In no event will Vital Eye Health T’s liability to you for any claim, whether in contract, tort or any other theory of liability, exceed the purchase price of the system paid by you.

It is further understood that Vital Eye Health T shall also have no liability whatsoever concerning damages arising out of or relating to unauthorized access, use and/or alteration or destruction, by any third party, including any users, of the system or any data contained thereon or created by the system or your computer system.

This policy is subject to continuous changes. Updated versions will be authorized when available on our website or App.

Vital Eye Health T

Limited Warranty

C-Tech Inc. warrants to the original end-user purchaser the C-Tech Inc. branded hardware product (“Product”) and any software media contained in the original packaging will conform to C-Tech Inc.’s published specifications in effect at the time of manufacture when used in accordance with C-Tech Inc.’s user manuals, technical specifications, and other C-Tech Inc. published guidelines for a period of 3 months and any batteries for one (1) month from the original date the Product was obtained by the end-user purchaser.

C-Tech Inc.’s sole obligation under this warranty is the repair or replacement, at its option, of any defective Product or software media that is covered under the warranty.

To request a replacement under warranty, Purchaser must contact C-Tech Inc. and obtain a returned goods authorization number so that C-Tech Inc. can track the Product. If C-Tech Inc. determines that a Product must be replaced under warranty, it will be replaced and the cost of shipment covered. All other shipping costs must be paid by purchaser.

Exclusions

The warranty does not apply to any C-Tech Inc. branded product or any software, even if packaged with the Product, or any Product that was: (a) not new or in its original packaging when supplied to purchaser; (b) modified without C-Tech Inc.’s written permission; (c) damaged by supplies, devices, or systems external to the Product; (d) disassembled, reassembled, or repaired by anyone other than a person authorized by C-Tech Inc.; (e) used with other products, like new sensors, reprocessed sensors, or other accessories, not intended by C-Tech Inc. to be used with the Product; (f) not used or maintained as provided in the operator’s manual or as otherwise provided in its labeling; (g) reprocessed, reconditioned, or recycled; and (h) damaged by accident, abuse, misuse, liquid contact, fire, earthquake or other external cause.

No warranty applies to any Product provided to Purchaser for which C-Tech Inc., or its authorized distributor, is not paid; and these Products are provided AS-IS without warranty.

Limitation of Warranty

Except as otherwise required by law or altered by the purchase agreement, the above warranty is the exclusive warranty that applies to the Product and software media, and C-Tech Inc. does not make any other promises, conditions, or warranties regarding the Product. No other warranty applies, express or implied, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, satisfactory quality, or as to the use of reasonable skill and care. See the licensing terms for the terms and conditions that apply to and Software accompanying the Product. Additionally, C-Tech Inc. will not be liable for any incidental, indirect, special, or consequential loss, damage, or expense arising from the use or loss of use of any Products or Software. In no event shall C-Tech Inc.’s liability arising from any Product or Software (under contract, warranty, tort, strict liability, or otherwise) exceed the amount paid by purchaser for the Product or Software. The above limitations do not preclude any liability that cannot legally be disclaimed by contract.

Sales & End-User License Agreement

This document is a legal agreement between you (“purchaser”) and C-Tech Inc. (“C-Tech Inc.”) for the purchase of this Product (“Product”) and a license in the included or embedded Software (“Software”) except as otherwise expressly agreed in a separate contract for the acquisition of this Product, the following terms are the entire agreement between the parties regarding your purchase of this Product.

Restrictions

Copyright Restrictions:The Software and the accompanying written materials are copyrighted. Unauthorized copying of the Software, including Software that has been modified, merged, or included with other software, or the written materials is expressly forbidden. Purchaser may be held legally responsible for any copyright infringement that is caused or incurred by Purchaser’s failure to abide by the terms of this Agreement. Nothing in this License provides any rights beyond those provided by 17 U.S.C. §117.
Use Restrictions:Purchaser may physically transfer the Product from one location to another provided that the Software is not copied. Purchaser may not electronically transfer the Software from the Product to any other instrument. Purchaser may not disclose, publish, translate, release, distribute copies of, modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Software or the written materials.
Transfer Restrictions:In no event may Purchaser transfer, assign, rent, lease, sell, or otherwise dispose of the Product or the Software on a temporary basis. Purchaser shall not assign or transfer this License, in whole or in part, by operation of law or otherwise without C-Tech Inc.’s prior written consent; except that the Software and all of Purchaser’s rights hereunder shall transfer automatically to any party that legally acquires title to the Product with which this Software is included. Any attempt to assign any rights, duties or obligations arising hereunder other than as set forth in this paragraph shall be void.
U.S. Government Rights:If Purchaser is acquiring Software (including the related documentation) on behalf of any part of the United State Government, the following provisions apply: the Software and documentation are deemed to be “commercial software” and “commercial computer software documentation,” respectively pursuant to DFAR Section 227.7202 FAR 12.212, as applicable. Any use, modification, reproduction, release, performance, display or disclosure of the Software (including the related documentation) by the U.S. Government or any of its agencies shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent expressly permitted by the terms of this Agreement.

Vital Eye Health T

Warranty

C-Tech Inc. warrants to the initial Purchaser for a period of three (3) months from the date of purchase that: each new Product and the Software media as delivered are free from defects in workmanship or materials. To request a replacement under warranty, Purchaser must contact C-Tech Inc. for a returned goods authorization. If C-Tech Inc. determines that a Product must be replaced under warranty, it will be replaced and the cost of shipment covered. All other shipping costs shall be the responsibility of Purchaser. C-Tech Inc.’s sole obligation under this warranty is to replace any Product that it deems to be covered under warranty with a replacement Vital Eye Health T TEMPERATURE Monitor.

Exclusions

The warranty does not extend to, and C-Tech Inc. is not responsible for, repair, replacement, or maintenance needed because of: a) modification of the Product or Software without C-Tech Inc.’s written authorization; b) supplies, instruments or electrical work external to the Product or not manufactured by C-Tech Inc.; c) disassembly or reassembly of the Product by anyone other than an authorized C-Tech Inc. agent; d) use of the Product with Sensors or other accessories other than those manufactured and distributed by C-Tech Inc.; e) use of the Product and Software in ways or in environments for which they are not labeled; and f) neglect, misuse, improper operation, accident, fire, water, vandalism, weather, war, or any act of God. This warranty does not extend to any product that has been used in violation of the operating instructions supplied with the product. This warranty does not extend to any Product that has been reprocessed, reconditioned or recycled.

This warranty also does not apply to any Products provided to Purchaser for testing or demonstration purposes, any temporary Products Modules or any Products for which Seller does not otherwise receive a usage or purchase fee; all such Products are provided AS-IS without warranty.

This warranty, together with any other express written warranty that may be issued by C-Tech Inc. is the sole and exclusive warranty as to the Product and Software. This warranty is expressly in lieu of any oral or implied warranties, including without limitation any implied warranty of merchantability or fitness for a particular purpose. C-Tech Inc. shall not be liable for any incidental, special or consequential loss, damage or expense directly or indirectly arising from the use or loss of use of any Products or Software. In no event shall C-Tech Inc.’s liability arising from any Product and Software (under contract, warranty, tort, strict liability or other claim) exceed the amount paid by purchaser for the Products giving rise to such claim. The limitations in this section shall not be deemed to preclude any liability that cannot legally be disclaimed by contract.

Restrictions

Copyright Restrictions:The Software and the accompanying written materials are copyrighted. Unauthorized copying of the Software, including Software that has been modified, merged, or included with other software, or the written materials is expressly forbidden. Purchaser may be held legally responsible for any copyright infringement that is caused or incurred by Purchaser’s failure to abide by the terms of this Agreement. Nothing in this License provides any rights beyond those provided by 17 U.S.C. §117.
Use Restrictions:Purchaser may physically transfer the Product from one location to another provided that the Software is not copied. Purchaser may not electronically transfer the Software from the Product to any other instrument. Purchaser may not disclose, publish, translate, release, distribute copies of, modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Software or the written materials.
Transfer Restrictions:In no event may Purchaser transfer, assign, rent, lease, sell, or otherwise dispose of the Product or the Software on a temporary basis. Purchaser shall not assign or transfer this License, in whole or in part, by operation of law or otherwise without C-Tech Inc.’s prior written consent; except that the Software and all of Purchaser’s rights hereunder shall transfer automatically to any party that legally acquires title to the Product with which this Software is included. Any attempt to assign any rights, duties or obligations arising hereunder other than as set forth in this paragraph shall be void.
U.S. Government Rights:If Purchaser is acquiring Software (including the related documentation) on behalf of any part of the United State Government, the following provisions apply: the Software and documentation are deemed to be “commercial software” and “commercial computer software documentation,” respectively pursuant to DFAR Section 227.7202 FAR 12.212, as applicable. Any use, modification, reproduction, release, performance, display or disclosure of the Software (including the related documentation) by the U.S. Government or any of its agencies shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent expressly permitted.