Terms of service

TERMS OF USE

Last updated: August 26, 2025

The LensBase site, located at www.thelensbase.com, and mobile applications are owned and operated by LensBase, LLC and its subsidiaries and affiliates (collectively “LensBase,” “we,” “us,” “our”). Your download, installation, or use of our site, mobile applications and any of our services, including the purchase of products or services made available through the site or our mobile applications (collectively referred to as the “Site”) is subject to your agreement to the terms of use set forth herein (the “Terms”) and the completion of any applicable registration requirements.

By accessing, registering to access, or otherwise using any part of the Site you agree to be bound by these Terms, and your use shall be deemed to be your (and if acting on behalf of a third party or entity, such third party’s or entity’s) agreement to abide by these Terms (references in these terms and conditions to “you” include you and any such third party or entity).

IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT ACCESS OR USE THE SITE OR USE OUR SERVICES.

LensBase is free to revise these Terms at any time by updating this posting.  The last date of change to these Terms appears at the top of this page.  Your use of the Site after such change signifies your acceptance of the changed terms. Please check these Terms periodically for changes. Questions concerning the Site or its operation should be directed to the contact points set forth at the end of these Terms.

You acknowledge and understand that the Site may require utilization of your mobile device and its service, data access, or text messaging capabilities.  You are responsible for any data charges incurred by your wireless carrier through use of the Site.

1. SITE ACCESS

This Site is intended for use by adults in the U.S. and Canada. You agree to monitor your account and restrict use by minors.

You must be at least 13 years of age to use the Site. If you are under 13, do not use this site or provide any information on the Site.

You may not use this Site if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the government of the country where you are accessing this Site. You are responsible for compliance with all U.S. and other export restrictions that may apply to your use of the Sites or product purchases.

2. ACCEPTABLE USE OF THE SITE

Your permitted use of the Site and Information (as defined in Section 3. “Intellectual Property Rights of these Terms”), download, and install is limited to non-commercial use. You are not granted any rights in or to the Site, any services, or any Information provided on or through the Site, other than the limited, non-transferrable right to download, install, or use (as applicable) the Site in accordance with these Terms and the policies and procedures that LensBase may adopt and make available on the Site from time to time.

Your permitted use of the Site is limited to the standard functionality of a website or mobile application, as applicable. In no event may the Site be used in a manner that:

·       Is unlawful, fraudulent or deceptive

·       Encourages conduct that would constitute a criminal offense or that gives rise to civil liability

·       Abuses, harasses, stalks, threatens, defames, impersonates, or otherwise infringes or violates the rights of any third party (including, without limitation, the rights of publicity or other proprietary rights)

·       Attempts to gain unauthorized access to LensBase systems, user accounts, login credentials, or user personal information

·       Attempts to access information using technology or other means not authorized by LensBase

·       Attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment

·       Attempts to damage, disable, or overburden LensBase servers or networks

·       Fails to comply with applicable third-party terms (e.g., wireless carrier terms of service).

LensBase reserves the right to bring legal action against you if you use the Site in a manner that violates these Terms. Any failure or delay by LensBase in taking such actions does not constitute a waiver of our rights to enforce these Terms.

3. INTELLECTUAL PROPERTY RIGHTS

The Site contains information proprietary to LensBase, its business partners, and their collective customers (the “Information”) including but not limited to:

·       The Site’s look and feel, content, embodied know-how, ideas, concepts, images, designs, and videos

·       Information and data related to LensBase, its business partners, and their collective customers or end users.

You acknowledge that this Information may be treated as confidential by LensBase, its business partners, and their collective customers, and agree to take all reasonable measures to protect the confidentiality of the Information. The Site and its entire contents, features, and functionality (including but not limited to all information, software, code, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), excluding your User Content (as defined in Section 9 “User Content”), are owned by LensBase, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms do not grant you any ownership interest in the Site or any other rights thereto other than to use the Site in accordance with, and subject to all terms, conditions, and restrictions set forth in these Terms.

You agree not to:

·       Reproduce, duplicate, retransmit, copy, publicly display, sell, resell, rent, lease, lend, sublicense, distribute, publish, transfer, make available to third parties, or use the Site or Information for business or commercial purposes without the prior written consent of LensBase in each instance

·       Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Site or any part thereof

·       Alter or remove any consent or other proprietary notice or legend on the Site or any of the Information

·       Remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Site.

Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other U.S. and international laws.

4. TRADEMARKS

All rights regarding any trademarks, trade names, logos, service marks, or trade dress (collectively, “Marks”) contained in, or used in connection with, the Site and LensBase products are expressly reserved by LensBase and its licensors. The Marks, and all associated logos or images, are registered or common law trademarks of LensBase and its licensors, and are protected by United States and international laws and treaties. No license with respect to the use of the Marks is granted to you under these Terms or by virtue of your use of the Site. The Marks may not be copied, imitated or used, in whole or in part, without the prior written consent of LensBase or the applicable rights holder.

5. TEXT MESSAGE SERVICES

You may elect to receive text messages from us. When you sign up to receive text messages, we will send you information about promotional offers and more. For more information about text messages, see our Privacy Policy.

6. USER ACCOUNTS

When you create an account with LensBase, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of these Terms, which may result in immediate termination of your account on this Site.

You are responsible for safeguarding the password that you use to access this Site and for any activities or actions under your password, whether your password is with this Site or a third-party social media service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

7. OFFERINGS AND ORDERS

We are constantly updating our offerings of products and services on this Site. The products and services available on this Site may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information regarding our products and services on this Site.

8. "AS IS" AND "AS AVAILABLE" DISCLAIMER

This Site is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, LensBase, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to this Site, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice.

Without limitation to the foregoing, LensBase provides no warranty or undertaking, and makes no representation of any kind that this Site will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Neither LensBase nor any of the company's providers makes any representation or warranty of any kind, express or implied:

·       As to the operation or availability of this Site, or the information, content, and materials or products included thereon

·       That this Site will be uninterrupted or error-free

·       As to the accuracy, reliability, or currency of any information or content provided through this Site

·       That this Site, its servers, the content, or e-mails sent from or on behalf of LensBase are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data.

UNLESS THE SITE EXPLICITLY AND EXPRESSLY STATES OTHERWISE, TO THE FULLEST EXTENT PROVIDED BY LAW, LENSBASE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OR DOWNLOADING OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.

TO THE FULLEST EXTENT PROVIDED BY LAW, LENSBASE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

9. USER CONTENT

This Site may include product reviews, discussion forums, or other interactive areas or services in which you or other users create, post or store any content, messages, reviews, ratings, materials, data, information, text, music, sound, photos, video, graphics, code or other items or materials on the Sites ("User Content"). You are solely responsible for your use of such Site services and use them at your own risk.

By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content, and your User Content is compliant with these Terms.

You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any User Content that:

·       Is unlawful, defamatory, libelous, obscene, vulgar, pornographic, profane, harassing, threatening, abusive, invasive of privacy or publicity rights, or fraudulent

·       You know or have reason to believe is false, inaccurate, or misleading

·       Would constitute, encourage, or otherwise facilitate a criminal offense, violate the rights of any party, or would otherwise create liability or violate any local, state, national, or international law

·       May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary rights of any party

·       Includes unsolicited political campaigning, promotions, advertising or solicitations

·       Impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity

·       Includes the private information of any third party, including, without limitation, postal addresses, email addresses, phone numbers, tax identification numbers and payment card numbers

·       Contains viruses, corrupted data or other harmful, disruptive or destructive files

LensBase takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is LensBase liable for any inaccuracies, defamation, slander, libel, omissions, falsehoods, obscenity, or profanity you may encounter. However, the foregoing shall not apply to the extent that any loss or damage is the result of LensBase’s own negligence, fraud, willful injury or willful violation of law.

Your use of LensBase Site services that contain User Content is at your own risk. LensBase is not liable for any statements, representations or User Content provided by its users in any area of this Site. LensBase has no obligation to screen, edit, or monitor User Content posted to this Site. LensBase reserves the right, and has absolute discretion, to remove, screen or, edit any User Content posted or stored on the Sites and/or to limit your use of the Site at any time and for any reason without notice.

Any use of this Site in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Site. LensBase may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e., name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted User Content in order to cooperate with legitimate governmental requests, subpoenas or court orders, or to protect the business operations, systems, suppliers, and customers of LensBase. The right of LensBase to disclose any such information shall govern over any terms of the LensBase Privacy Policy. (link)

LensBase also has the right take any action, including legal action, with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for LensBase.

YOU EXPRESSLY WAIVE AND HOLD HARMLESS LENSBSE AND ITS AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, MANAGERS, OFFICERS, CONTRACTORS, REPRESENTATIVES, AGENTS, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS, DAMAGES, OR LIABILITIES RESULTING FROM ANY ACTION TAKEN BY LENSBASE DURING, OR AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER LENSBASE OR APPLICABLE AUTHORITIES IN CONNECTION WITH YOUR USER CONTENT.

10. LIMITATIONS OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LENSBASE, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THIS SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM LENSBASE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO LENSBASE'S RECORDS, PROGRAMS OR SERVICES.

THE FOREGOING LIMITATION OF LIABILITY PROVISIONS SHALL NOT APPLY TO THE EXTENT THAT ANY CLAIMS, DAMAGES, COSTS OR EXPENSES ARE THE RESULT OF GROSS NEGLIGENCE, FRAUD, WILLFUL INJURY OR WILLFUL VIOLATION OF LAW ON THE PART OF LENSBASE.

YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH SITE AND SERVICES IS TO STOP USING THE SITE AND SERVICES. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

11. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless LensBase, its affiliates, licensors, and service providers and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to:

·       Your violation of these Terms, any other agreement you have entered into with lensBase, and any representation or warranty contained herein or therein

·       Your use of the Site, including, but not limited to, your use of information obtained from the Site, your connection to the Site, and any activity related to access to or use of your account by you or any other person

·       Your User Content

·       Your violation of any third party right, including without limitation any intellectual property or privacy rights

·       Your activities in connection with obtaining any products or services from us

·       Your violation of applicable law.

LensBase reserves the right, in its discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with LensBase in asserting any available defenses, and you will reimburse LensBase for all costs incurred in its assumption of the defense.

12. COPYRIGHT (DIGITAL MILLENNIUM COPYRIGHT ACT)

LensBase does not knowingly violate or permit others to violate the copyright rights of others. We will promptly remove or disable access to material that we know is infringing or if we become aware of circumstances from which infringing activity is apparent.

If you are requesting removal of content because of a violation of your copyright rights, please note that the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under United States copyright law. If you believe that your work, or the work of a third party for whom you are authorized to act, is featured on the Site or has been otherwise copied and made available on the Site in a manner that constitutes copyright infringement, please notify us immediately.

In accordance with the DMCA, your notice must be in writing and must include:

·       an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest

·       a description of the copyrighted work that you claim has been infringed or, if the claim involves multiple works on the Site, a representative list of such works

·       a description of where the material that you claim is infringing is located on the Site (including the URL, title or item number if applicable, or other identifying characteristics) so that we are able to locate it

·       your name, address, telephone number, and email address, and, if you are not the owner of the copyright, the name of the owner

·       a written statement by you that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law

·       a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Your statement must be addressed as follows:

Copyright Agent
LensBase, LLC
1905 Sherman St., Ste 200-1551, Denver, CO 80203

legal@thelensbase.com

Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident.

Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

We have the right to disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

13. LINKS TO OTHER WEBSITES

This Website may contain links to third-party web sites or services that are not owned or controlled by LensBase.

LensBase has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that LensBase shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

14. GOVERNING LAW AND VENUE

These Terms shall be subject to, governed by and construed under the laws of the State of Colorado in the United States of America, without regard to conflict of law principles. The Site is operated from the State of Colorado and is intended to be accessed only by persons in the United States and Canada. Access to, or use of, the Site or information, materials, products, or services on the Site may be prohibited by law in certain countries or jurisdictions. You are responsible for compliance with any applicable laws of the country from which you are accessing the Site.

You hereby consent and waive all objections to the exclusive jurisdiction of the appropriate state or federal court in Denver County in the State of Colorado and venue therein to resolve any controversy or claim of whatever nature arising out of or relating to use of the Site, products, and services. However, LensBase retains the right to bring legal proceedings in any jurisdiction where we believe that a violation of these Terms is taking place or originating from.

15. NO WAIVER

The remedies set forth in these Terms are cumulative and not exclusive, unless expressly stated otherwise. Failure or delay by LensBase to enforce any provision of these Terms will not be deemed a waiver of future enforcement of that or any other provision.

16. SEVERABILITY

If any provision of these Terms of Use is held to be unenforceable or invalid under any applicable statute or rule of law, 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

17. CONTACT US

If you have any questions about these Terms of Use, you can contact us:

By email: legal@thelensbase.com

By mail: 1905 Sherman St., Ste 200-1551, Denver, CO 80203

 

RELATIONSHIP WITH SHOPIFY

LensBase is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with LensBase. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and LensBase, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with LensBase.