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Terms and Conditions

Last updated: May 12, 2025

Please read these terms and conditions carefully before using Our Service.

Medical Disclaimer

The Service and the Blink Frames device are intended for monitoring, data collection, and educational purposes only. They do not constitute medical advice, medical diagnosis, or medical treatment.

The contents of the Service, such as text, graphics, images, and other material contained on the Service ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician, ophthalmologist, or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Service or observed in your data.

If you think you may have a medical emergency, call your doctor or 911 immediately. Globe Biomedical, Inc. does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Service. Reliance on any information provided by the Company is solely at Your own risk.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Account means a unique account created for You to access our Service or parts of our Service.
  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  • Application refers to the software program provided by the Company downloaded by You on any electronic device, named Blink Frames, and includes the cloud-based data analysis platform and the Doctor’s Portal.
  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Globe Biomedical, Inc., 5225 Canyon Crest Dr. Suite 360, Riverside CA 92506\.
  • Country refers to: California, United States
  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet, and explicitly includes the Blink Frames wearable hardware.
  • Goods refer to the items offered for sale on the Service, including Blink Frames hardware, accessories, and prescription or non-prescription lenses.
  • Orders mean a request by You to purchase Goods from Us.
  • Service refers to the Application and the connected Blink Frames device.
  • Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.
  • Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable. For pediatric patients, "You" refers to the Parent or Legal Guardian managing the Account.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18\. If the primary user of the Blink Frames device is under the age of 18 ("Pediatric User"), You represent that You are the Parent or Legal Guardian of the Pediatric User and are authorized to enter into this agreement on their behalf.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Placing Orders for Goods

By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.

Your Information

If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, Your shipping information, and relevant Prescription Information for lens fabrication.

You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.

Order Cancellation and Returns

We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to Goods availability, errors in the description or prices for Goods, or errors in Your Order.

Your Order Cancellation Rights (Return Policy)

Any Goods you purchase can only be returned in accordance with these Terms and Conditions and Our Returns Policy.

Important Notice Regarding Prescription Lenses: The supply of Goods made to Your specifications, specifically prescription lenses installed into Blink Frames, are non-refundable once the prescription has been filled and the lenses have been cut. If you return the Blink Frames hardware in accordance with our policy, the cost of the custom prescription lenses will be deducted from your refund.

For non-custom Goods (hardware and accessories), You must return the Goods in the same condition as You received them. We will reimburse You no later than 14 days from the day on which We receive the returned Goods.

Subscriptions

Subscription Period

Access to the Blink Frames data analytics features, history, and the Doctor's Portal requires a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.

At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it. Failure to maintain an active Subscription may result in a loss of access to historical eye health data stored in the Cloud.

Fee Changes

The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.

The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.

Data License and Usage

Device Data and Imagery

By using the Service, You acknowledge that the Blink Frames device captures specific sensory data ("Device Data") and images of the ocular surface ("Images") to monitor treatment compliance and ocular health metrics as described in the Privacy Policy.

You grant the Company a worldwide, non-exclusive, royalty-free, perpetual license to use, reproduce, process, and analyze this Device Data and Images. We may use this data to:

  1. Provide the Service to You and Your Healthcare Provider.
  2. Improve our algorithms, machine learning models, and treatment efficacy, provided that such data is de-identified and anonymized.

You acknowledge that while the Device captures Images of the eye, these Images are used for health and compliance monitoring (e.g., detecting frame wear time or patch compliance) and are not used for the purpose of unique biometric identification of an individual.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Firmware Updates

The Company may from time to time provide enhancements or improvements to the features/functionality of the Device, which may include patches, bug fixes, updates, upgrades, and other modifications ("Updates").

Updates may modify or delete certain features and/or functionalities of the Device. You agree that the Company has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Device to You.

You further agree that all Updates will be (i) deemed to constitute an integral part of the Device, and (ii) subject to the terms and conditions of this Agreement. You agree that the Device may automatically download and install these Updates.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

Accuracy of Data: The Company does not guarantee the accuracy of physiological or environmental data (including but not limited to IOP estimates, screen time, outdoor time, or blink rate) and shall not be liable for any health decisions made based on this data. The Service is a monitoring and data collection tool, not a diagnostic device.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

  • By email: support@blinkframes.com