By using this application (together with all versions, modification, and iterations thereof, the “App”), or any of our other products or services that are linked to these Terms of Service (the “Terms”) or the App (such products or services, the “Services”), you agree to the Terms with First Technologies, Inc. (“First Technologies”, or “we” or “us”). We request you to please read these Terms carefully. If you do not agree with these Terms, kindly refrain from using the Services.

1.1We only permit individuals who are at least 13 years of age, and can form legally binding contracts with us to use the Services.

1.2If you are under 13 years of age and would like to use the Services, you can do so if a parent or legal guardian who is at least 18 years of age supervises you. In such cases, the adult would be the user of the Services and will be responsible for any and all activity undertaken in relation thereto.

1.3You can only use or receive the Services to the extent the laws of your jurisdiction or the United States do not bar you from so doing. Please make sure that your use of the Services is in compliance with these Terms, and with all laws, rules and regulations that apply to you.

1.4By using the Services, you represent and warrant that you meet all eligibility requirements we outline in these Terms. We may still refuse to let certain people access or use the Services, at our sole discretion. We may also change the eligibility criteria set out in these Terms at our sole discretion, and without any prior notice to you.

1.5We offer the Services only for personal and non-commercial use.

1.6By using the Services, you state that:

2.1Some of the Services are not available without creating a user account (“Account”). If you create an Account, you are solely responsible for any activity that occurs through your Account. In order for us to provide you the best possible service, you agree to provide us with complete, accurate, and updated information for your Account at all times, and at any time that we may request for such information. If any information is incorrect or outdated, it can (a) lead to errors or delays, for which we will not be responsible, or (b) result in a suspension or cancellation of your right to use the Services, each at our sole discretion. This is especially important in the event you place an order, because we need to be able to communicate with you about it as it moves through the stages of production. Please ensure that the email address and physical you use to set up your account is functional and in regular use.

2.2In addition to the above, we may share User Data with other entities that are group entities of First Technologies, Inc. We may share User Data with service providers who perform services on our behalf. We may share User Data with business partners that provide services and functionality, and with third parties for legal reasons. We may share User Data if we reasonably believe that disclosing the User Data is needed to (i) comply with any valid legal process, governmental request, or applicable law, rule, or regulation, (ii) investigate, remedy, or enforce potential violations of the Terms, (iii) protect our rights, property, and safety, as well as those of our users, or others, or (iv) detect and resolve any fraud or security concerns.

2.3By using the Services, you agree that:

2.4If you think that someone has gained access to your Account, please immediately reach out to us at support@kingchildren.com.

2.5If you delete the App, it will no longer be associated with your Account, but your Account will not be deleted. If you delete and re-install the App, you may not have access to previously recorded models that are linked to your Account. If you wish to completely delete your account, you can contact us through the App or email us at support@kingchildren.com.

3.1The process for your usage of the App and the Services is briefly and illustratively described in the following steps: (a) you must upload the dimensions of your glasses generated from the 3D scan of your face and additional customization options, as well as applicable payment and delivery information (the “Required Information”), and (b) you may then select a suitable frame through the App and place an order (please note that in the event that placing an order for prescription glasses requires any prescription to be uploaded, such prescription must be uploaded for an order to be regarded as validly placed), and (c) lastly, the order will be delivered to you at the relevant address once payment is made, and within the timelines indicated in the App.

3.2By entering your payment information and submitting your order as per the process set out above, you authorize us to charge the amount of the order to your selected payment option. If we do not receive the Required Information within 30 days of your placing the order, First Technologies may, at its sole discretion, cancel the order and refund your money.

3.3Please note that the timelines for delivery of the product as set out above are merely indicative and do not imply a guarantee of delivery within the timelines mentioned above.

3.4The risk of loss and title for all products you order passes to you upon our delivery to the carrier.

4.1All of the content that appears on the Services, including, without limitation, all designs, programs, code, illustrations, icons, photographs, video clips and written materials, as well as the compilation of the website, the App, and other marketing or other materials related to the App or the Services, are the exclusive property of First Technologies (which, for the purposes of this Clause 4 and other provisions of these Terms relating to intellectual property rights, shall be deemed to mean First Technologies BV) or our licensors, and is protected by United States and international intellectual property rights laws.

4.2All trademarks, service marks, and trade names that appear on the Services and the overall “look and feel” of the App and Services (collectively the “Marks”) are proprietary to First Technologies. You may not display, reproduce, or otherwise use the content or materials on the Services, including the Marks, without first receiving written consent from us.

4.3You may not remove or otherwise modify any content we make available through the Services. Scraping the Services or using other automated or manual means to take our content without our prior consent is expressly prohibited.

4.4Any unauthorized use of any content or materials on the Services is strictly prohibited and violates copyright, trademark, and/or other intellectual property laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.

4.5If you would like to request authorization to use the materials or content on the Services, you can contact us at support@kingchildren.com.

5.1First Technologies grants you a personal, limited, royalty-free, non-assignable, non-exclusive, revocable, non-transferable and non-sub licensable license to access and use the Services.

5.2This license is for the sole purpose of letting you use and enjoy the App and the Services’ benefits in a way that these Terms and our usage policies allow.

5.3This license only grants you the rights we expressly list out in this section and do not allow you the right to do any of the following:

5.4Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.

6.1In order to maintain the services for the benefit of all users, no individual user may do any of the following while accessing or using the Services:

7.1You will keep all ownership or license rights in your User Content (as defined below), including the right to grant additional licenses to your User Content. There are no restrictions on your ownership and license rights in your User Content unless you otherwise agree in writing. However, when you provide your User Content to us, you are explicitly granting us license to use it, as outlined below.

7.2When you submit, distribute, transmit, or post any communications or any other material to First Technologies (for example, through our pages on third party sites, such as Instagram, Twitter, or Facebook, or in any other manner whatsoever), such content is hereinafter referred to as the “User Content”. User Content specifically does not include the selfie scans uploaded to our servers used to create your fitting and any related mapping/content. It further does not include the contents of private conversations you have with First Technologies customer support.

7.3Your sharing of User Content during, or in connection with, your use of the App or the Services gives us a right and license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your User Content in any and all media formats or distribution channels. You agree that this license includes the right for First Technologies to use your User Content to provide, promote, and improve the Services. You agree that this license is irrevocable, non-exclusive, perpetual, worldwide, transferable, sub-licensable, fully paid, royalty-free, and will survive termination of your Account. Please note that we may use User Content without compensation of any kind to you, including if we use User Content for advertising or promotional purposes.

7.4You also agree that if your User Content contains any ideas, concepts, know-how, or techniques, we can use the User Content and anything it contains for any purpose including, but not limited to, developing, manufacturing, and marketing further products or iterations of the Services. You shall remain responsible for the content you create, upload, post, send, or store through the Service, and shall indemnify us for any liabilities, losses or injuries caused to us, or directors, and our employees/officers, in relation to your use of the User Content in any manner that is not compliant with these Terms or applicable law. Any designs, customizations, or modifications of the glasses that are made by you during the course of your usage of the App or the Services are hereby licensed by you to First Technologies on an irrevocable, non-exclusive, perpetual, worldwide, transferable, sub-licensable, fully paid, royalty-free, and such license will survive termination of your Account.

7.5We may access, review, screen, and delete (if applicable) your User Content at any time and for any reason, including to provide and develop the Services, or if we think your content violates these Terms, and by agreeing to these Terms, you hereby provide your unconditional and irrevocable consent for the same.

7.6We may integrate the Services and the App with various social media platforms, and in that context, the User Content may be shared with such social media platforms.

8.1When you submit User Content, you represent and warrant that:

8.2In addition, any User Content must not:

9.1First Technologies does not control or endorse any User Content or third-party content, and we make no claims or representations regarding any content we do not create. We may provide links to third-party sites or resources, but these links do not mean we endorse, or have any associations with, the third parties.

9.2If any damage or loss results from your use of, reliance on, or any other connection between you and any content that any third party makes available, you acknowledge and agree that we are not responsible or liable, directly or indirectly. When you access third-party resources on the Internet, you do so at your own risk.

9.3We take no responsibility related to third-party content, User Content, or any actions resulting from your use of any part of the Services or in relation to the User Content. First Technologies will have no liability in connection with any content submitted to, transmitted via, or displayed on or through the Services, regardless of whether First Technologies or another party provides it.

10.1You shall not use the Services, or enable anyone else to use the Services, in a manner that violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual-property right. If we believe a user may be infringing upon someone’s intellectual property rights, we may remove the material. If we believe someone is repeatedly infringing, we will terminate that person’s access rights to the Apps and the Services.

10.2These Terms do not grant you any right to do (or enable anyone else to do) any of the following: use branding, logos, designs, photographs, videos, copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, or otherwise use any portion of the Services or the content on the Services except as set forth in these Terms.

Please refer to the annexed Privacy Policy, which is an integral part of these Terms, and represents a legally binding agreement between us in relation to, inter alia, our mutual rights and obligations in relation to your information and the confidentiality and privacy thereof.

12.1You understand and agree that we have no control over, and no duty to take any action regarding:

12.2You release us from all liability related to you acquiring or not acquiring content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services.

12.3Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals.

You agree, to the extent permitted by law, to indemnify, defend, and hold harmless First Technologies, our affiliates, directors, officers, stockholders, employees, licensors, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to:

14.1To the maximum extent permitted by applicable law, in no event will First Technologies, our managing members, shareholders, employees, affiliates, licensors, agents and suppliers or anyone representing First Technologies be liable to you under contract, tort, strict liability, negligence or any other legal or equitable theory, for any lost profits, data loss, cost of procurement of substitute goods or services, or direct, indirect, incidental, special, punitive, compensatory or consequential damages of any kind whatsoever resulting from: (a) your access to, use of, or reliance on any content provided through the Services or any errors or omissions in any content; (b) any unauthorized access to or use of the services or First Technologies’ secure servers and/or any and all personal information and/or financial information stored therein; (c) any interruption or cessation of transmission to or from the services; or (d) any bugs, viruses, Trojan horses or the like that may be transmitted to or through our services by any third party (regardless of the source of origination); or

14.2Without prejudice to the foregoing, in no event will First Technologies’ aggregate liability for all claims relating to the Services exceed the greater of (i) fees paid to us for the applicable products and Services by you; or (ii) USD 500.

14.3These limitations apply regardless of legal theory, whether based on tort, strict liability, breach of contract, breach of warranty or any other legal theory, and whether or not First Technologies was advised of the possibility of such damages.

15.1The Services (including the goods provided along with the Services) are provided on an “as is” and “as available” basis, and to the extent permitted by law without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

15.2In addition, while First Technologies attempts to provide a good user experience, we do not represent or warran

15.3First Technologies takes no responsibility and assumes no liability for any content that you, another user, or a third party creates, uploads, posts, sends, receives, or stores on or through our services. You understand and agree that you may be exposed to content that might be offensive, illegal, misleading, or otherwise inappropriate, none of which First Technologies will be responsible for.

We attempt to keep our Services a safe place for all users, but cannot guarantee the same. By using the Services, you agree that:

17.1We reserve the right to terminate these Terms, and/or add or remove features, products, or functionalities of the Services, from time to time at our sole discretion, and we may also suspend or stop the Services altogether. We may take any of these actions at any time, and when we do so, we may not provide you with any notice beforehand, provided however, that certain provisions of these terms that (a) by their nature, survive termination of these Terms, and (b) are expressly described herein as surviving termination of these Terms, shall continue to have force and effect notwithstanding any termination of these Terms.

17.2You may terminate these Terms at any time and for any reason by deleting your account, provided however, that certain provisions of these terms that (a) by their nature, survive termination of these Terms, and (b) are expressly described herein as surviving termination of these Terms, shall continue to have force and effect notwithstanding any termination of these Terms.

17.3First Technologies may also terminate these Terms with you at any time, for any reason, and without advanced notice. That means that we may stop providing you with any Services, or impose new or additional limits on your ability to use our Services. For example, we may deactivate your account due to prolonged inactivity, and we may reclaim your username at any time for any reason. In the event of termination, your obligations under these Terms will still continue.

No matter where you’re located, the laws of the State of New York will govern these Terms and the relationship between you and First Technologies as if you signed these Terms in New York, without regard to conflicts of laws rules, provided, however, that in the event of any disputes relating to any intellectual property rights of [First Technologies BV] under these Terms, such disputes may, at the sole discretion of [First Technologies BV], be governed by the laws of the Netherlands. If any provisions of these Terms are inconsistent with any applicable law, those provisions will be superseded and/or modified only to the extent such provisions are inconsistent.

To the extent that these Terms allow you or First Technologies to initiate litigation in a court, both you and First Technologies agree that all claims and disputes (whether contract, tort, or otherwise), including statutory claims and disputes, arising out of or relating to the Terms, or the use of the Services, will be litigated exclusively in New York, provided, however, that any claims and disputes under these Terms in relation to the intellectual property rights of [First Technologies BV], such disputes and claims may, at the sole discretion of [First Technologies BV], be litigated exclusively in the competent courts in the Netherlands.

Except for certain types of disputes mentioned in the arbitration clause, you and First Technologies agree that disputes between will be resolved by mandatory binding arbitration, and you and First Technologies waive any right to participate in a class-action lawsuit or class-wide arbitration.

You and First Technologies agree that all claims and disputes (whether contract, tort, or otherwise), including all statutory claims and disputes, arising out of or relating to these Terms or the use of the Services that cannot be resolved in small claims court will be resolved by binding arbitration on an individual basis, except that you and First Technologies are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. The phrase “all claims and disputes” also includes claims and disputes that arose between us before the effective date of these Terms.

The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association (“AAA”) and will be governed by the AAA Consumer Arbitration Rules. If the AAA is not available to arbitrate, we shall mutually select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The arbitration will be conducted by a single neutral arbitrator. Any claims or disputes where the total amount sought is less than USD 500 may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount sought is USD 501 or more, the right to a hearing will be determined by the arbitral forum’s rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.

If you choose to arbitrate with First Technologies, you will not have to pay any fees to do so, since First Technologies will reimburse you for your filing fee and the AAA’s Consumer Arbitration Rules provide that any hearing fees and arbitrator compensation are our responsibility. To the extent another arbitral forum is selected, First Technologies will pay that forum’s fees as well.

The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and First Technologies. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under law, the arbitral forum’s rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and First Technologies.

You and First Technologies waive any constitutional and statutory rights to go to court and have a trial in front of a judge or a jury. You and First Technologies are instead electing to have claims and disputes resolved by arbitration. In any litigation between you and First Technologies over whether to vacate or enforce an arbitration award, you and First Technologies waive all rights to a jury trial, and elect instead to have the dispute be resolved by a judge.

All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis. Claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in Section 21.

Any rights and limitations set forth in this arbitration agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this arbitration agreement.

You may opt out of this arbitration agreement. If you do so, neither you nor First Technologies can force the other to arbitrate. To opt out, you must notify First Technologies in writing no later than 30 days after first becoming subject to this arbitration agreement. Your notice must include your name and address, your username and the email address you used to set up your account (if you have one), and an unequivocal statement that you want to opt out of this arbitration agreement. You must email the opt-out notice to support@kingchildren.com.

Notwithstanding the foregoing, either you or First Technologies may bring an individual action in small claims court.

This arbitration agreement will survive the termination of your relationship with First Technologies. It will also survive even if the rest of the Terms are declared void.

If any provision of these Terms is found unenforceable, that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.

These Terms (along with the Privacy Policy annexed hereto) constitute the entire agreement between you and First Technologies and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written with respect to these Services.

Given the breadth of our Services, we sometimes need to craft additional terms and conditions for specific Services. Those additional terms and conditions, which will be available with the relevant Services, become part of your agreement with us if you use those Services. If any part of those additional terms and conditions conflicts with these Terms, the additional terms and conditions will prevail.

These Terms (together with any additional terms applicable to specific Services you use) make up the entire agreement between you and First Technologies and supersede any prior agreements. They do not create or confer any third-party beneficiary right. We reserve all rights not expressly granted to you in these Terms.

25.1We will not be liable for any failure to perform any of our obligations stated in these Terms if the failure results from a cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation or any other force majeure event.

25.2You cannot assign, transfer or sub license these Terms without first obtaining our written consent. We may assign, transfer, or delegate any of our rights and obligations hereunder without your prior consent. These Terms do not create any agency, partnership, joint venture, or employment relationship between us, and neither party has any authority to bind the other in any respect.

25.3If we do not enforce any part of these Terms, it does not mean we give up the right to later enforce that or any other part of these Terms. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.

25.4The section and paragraph headings in these Terms are for convenience only and do not affect their interpretation.