Sightbox, Inc.
Customer Terms

Last Updated: 07/11/2019

 

These Customer Terms of Use (“Terms“) apply to your access to the services (“Services“) provided by Sightbox, Inc. (“Sightbox,“ “we,“ “us,“ or “our“) as hosted on our website sightbox.com, blog.sightbox.com, support.sightbox.com, members.sightbox.com and/or doctor.sightbox.com (the “Site”), the mobile software application (“Application” or “App” ), and any downloadable software in connection with which you are accessing this Agreement (collectively, the “Platform”). By selecting the “I Accept” checkbox(es) or using the Services, you agree to all of the Terms incorporated herein (“Signup” or “signing up”). If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 15, you may not access or use the Services.

We reserve the right to modify these Terms at any time at our sole discretion. If changes are made to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through the Site or updating the “Last Updated” date at the beginning of these Terms. By continuing to access or use the Services after the effective date, you confirm your acceptance of the revised Terms and all of the terms incorporated herein. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Services.

 

1. Our Services

We provide access to contact lenses through our 12-month membership structure (“Plan”) for individuals who access our Services after signup (“Members,” “your,” or “you”). The Plan includes:

(1) A comprehensive eye exam with standard dilation, including refraction, as well as a contact lens fitting, including contact lens training (the “Exam”). Sightbox schedules the Exam with an optometrist on a member’s behalf.

(2) A 12-month supply of 1-day, 2-week, or 1-month contact lenses ordered through Sightbox according to a valid contact lens prescription received from the Exam.

 

2. Eligibility

2.1   Medical Eligibility

Signing up for the Service does not guarantee medical eligibility for contact lenses—a Food and Drug Administration (FDA)-recognized Class II or Class III medical device. Eligibility for contact lens use is determined by an optometrist during the Exam.

 

2.2   Age Restrictions

Members under the age of 18 are eligible to use the Service under the supervision of a parent or guardian who understands these Terms (see our Legal Notice for details).

The Service and Platform are not directed to individuals under the age of 13, and we request that these individuals, not access or provide personal information through the Service or on the Platform (see our Privacy Policy for details).

 

3. Member Account and Account Security

Certain information and resources on the Site are accessible before Signup. However, you are unable to access any personal and/or financial information you may have submitted to Sightbox until you complete Signup. After signing up, you can view this information in your Member Account (“Account”) by logging in and clicking ‘My Plan’ and/or ‘Account & Billing.’ Once you click “I Accept” and create an Account, you are solely responsible for any activity that occurs through your Account or personal device in connection with the Services. By creating an Account, you agree to:

(a) provide accurate, current, and complete Account information,

(b) maintain and promptly update, your Account information as necessary,

(c) maintain the security of your Account credentials,

(d) be responsible for the acts or omissions of any third party that accesses or uses the Services on your behalf, and

(e) immediately notify us if you discover or otherwise suspect any unauthorized access or security breaches related to the Site or your Account.

Additionally, only one Account is allowed per member. A duplicate Account will be deleted, and the Member would receive a Plan and/or Account status update along with information about any necessary steps to move forward with the remainder of their original Plan.

 

4. Privacy Policy

Please refer to our Privacy Policy (https://sightbox.com/privacy-policy) for information about how we collect, use, and disclose your information and our Legal Notice (https://sightbox.com/legal-notice) for terms regarding your use of the Site. 

 

5. Terms of Sale

5.1   Prescription & Personal Information Authorization

By signing up for a Plan, you acknowledge and agree:

(a)  to obtain a valid, current prescription from a licensed optometrist for all contact lenses you will receive through the Plan;

(b)  to carefully review and follow all instructions and information provided by your eye care professional and/or by the contact lens manufacturer before using your contact lenses;

(c)  that you have not been advised by an eye care professional to stop or suspend wearing contact lenses for any reason;

(d) to adhere to the optometrist-prescribed contact lens wear schedule and reinforced by the contact lens manufacturer—exceeding the recommended wear schedule can lead to serious eye-health complications or damage;

(e) to take proper care of your contact lenses as directed by your eye care professional and the contact lens manufacturer;

(f) that if you have any unexplained eye discomfort, watering, vision change or redness, you will immediately remove your lenses and consult your eye care professional before wearing your lenses again;

(g) to never share your contact lenses with anyone—sharing eye care medical devices like contact lenses can lead to serious health complications and can spread infectious diseases.

 

5.2   Prescription & Personal Information Authorization

By creating an Account, you grant us permission to share your contact lens prescription and personal information with contact lens manufacturers, distributors, and optometry offices for the express purpose of obtaining a contact lens prescription and, placing and delivering your contact lens deliver(ies). You also grant us permission to verify any information you provide with your optometrist’s practice and authorize your eye care professional to release appropriate information to us, acting as an authorized treatment provider, as defined by the Federal Trade Commission (FTC) under the “Contact Lens Rule.”

 

6. Billing & Payments

The Plan is a 12-month commitment to completing 12 monthly installments that pay towards the total annual membership cost for the Plan—$468 for twelve (12) $39 payments on the ‘$39 Plan’, and $1089 for the ‘$89 Plan’. While the Plan is based on a 12-month billing cycle, the Plan is not a monthly subscription agreement, and membership payments are not exchanged directly for goods on a monthly, 1:1 basis.

 

6.1   General Payment Terms

By providing a credit card or other Sightbox-accepted payment method, you represent and warrant that you are authorized to use the designated payment method and therefore authorize us and/or our third-party payment processor charging your payment method for your monthly membership payment, any or all past-due payments, payments towards cancelling your membership, “no-show” or “late-cancellation” penalties (incurred by Sightbox on your behalf for not cancelling your Exam along an appropriate cancellation timeline with your provider’s office), or other purchases including any applicable taxes and other charges (collectively, as applicable, the “Order”).

 

6.2   Maintaining Valid Payment  

If the payment method cannot be verified, is invalid, or is otherwise unable to be billed, your Order may be suspended or cancelled. You agree to maintain accurate, complete, and up-to-date billing information linked to your Account for the purpose of processing payment for your Plan.

If a monthly payment or multiple monthly payments are overdue or funds in addition to those for your monthly membership installment (e.g., towards payment of extra charges or a late-cancellation exam fee incurred by Sightbox on your behalf from a provider’s office) are owed to Sightbox as part of the Service, then you are ineligible for additional goods or services (“Delinquent”) until your outstanding balance has been processed.

You can update your Account’s payment method at any time by logging in at sightbox.com and editing your payment information. You can request assistance in updating this information by emailing support@sightbox.com.

 

6.3   Payment Changes

By clicking “I Accept” you acknowledge that the amount billed may vary due to promotional offers, changes to your Plan, or changes in applicable taxes or other charges, and you authorize us or our third-party payment processor to charge your payment method for the corresponding amount.

 

6.4   Payment Schedule & Payment Day Updates

The Plan is a membership program based on a 12-month billing cycle. The first membership payment occurs after entering your payment method information at “Step 3” of the Signup process. The day of the month on which the first payment occurs on an Account sets the monthly billing day—the exceptions are for Signups completed on the 29th, 30th, or 31st of the month; for any of those cases, any month that includes that day will retain that payment day, otherwise, it will be the last day of the month (e.g., if you signed up on August 31st then your September payment will be on the 30th. Your October payment day would change back to the 31st). The date on which your monthly payment occurs can be updated once per the monthly billing cycle.

The total monthly membership payment is expected to process on the same day each and every month for the duration of the Plan unless you request a billing date change by contacting support@sightbox.com.

If your Account falls delinquent, Sightbox may bill your payment information on file for the total amount owed in one payment or bill that payment method on a daily basis until the Account is up-to-date on monthly membership payments. For additional information or to set up a payment arrangement, you can email support@sightbox.com.  

 

6.5   Pricing

All prices are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice. We will not be able to notify you of changes in any applicable taxes.

 

6.6   Rewards & Promotions

The Sightbox, Inc. Referral Program you to become Sightbox Ambassadors and earn rewards by referring friends to purchase an annual Sightbox membership. To participate, you must:

  1. Agree to these Terms & Conditions, and
  2. Register for the Sightbox Ambassador program 
  3. Be a current, paying Sightbox member

How to Earn Your Reward

You and your referred friend will each earn a reward of a $20.00 Amazon gift card if:

  1. a referred friend clicks on the Sightbox Ambassador’s referral link, and
  2. the referred friend completes a Qualifying Plan purchase (annual membership sign up) through the referral link within 30 days of first having clicked it. Please note, the plan must be purchased through the referral link.
  3. The referred friend remains a Sightbox member and has received their first shipment of contact lenses.

Detail

When you sign up to become a Sightbox Ambassador, we’ll generate a unique share link assigned only to you. You can post it on social media, your blog or website, or just email it to your friends and family. When a friend clicks on it, the link will lead them to the Sightbox website which will invite your friend to sign up for a Qualifying Plan and offer a $20 Amazon gift card for both of you if they sign up and receive their first shipment of contact lenses. If your friend completes a purchase, you will be notified. Once your friend has received their first shipment of contact lenses, you will receive a $20.00 Amazon gift card, sent to your email. Your referred Sightbox member (the referee) will also receive a $20.00 Amazon gift card at this time and in the same manner.

You can log into the Sightbox Ambassador Referral Portal at any time to track all of your rewards.

Qualifying Plan

A Qualifying Plan must include an annual Sightbox membership purchased at a minimum of $468.00 annually ($39.00 monthly) and cannot be returned for a refund. Sightbox, Inc. reserves the right to cancel a Qualifying Plan if placed fraudulently.

Rewards and Payouts

Rewards are either approved or denied depending on if the referred Sightbox member (referee) purchases a Qualifying Plan (see above) through the referrer’s share link AND remains a member through their first shipment of contact lenses. One $20.00 Amazon gift card is earned by both the referrer and referee for each approved reward and is sent to each Sightbox Ambassador’s linked email account. Payments are made through the linked email only. If you did not provide an email account during registration, you can enter it by logging into your Sightbox Ambassador Portal. Please note: in order to receive the payout, both referrer and referee must set up their Sightbox Ambassador portals.

Sharing Referral Links

Referrals should only be used for personal and non-commercial purposes to friends and family who will appreciate receiving these messages. Referral links should not be distributed to recipients who do not have a personal connection to the referrer (such as coupon websites, Reddit, and Wikipedia).

Termination and Change

Sightbox, Inc. may suspend or terminate the Referral Program or your ability to participate in the Referral Program at any time for any reason. Requirements and incentives may also change at any time. Sightbox, Inc. reserves the right to review and investigate all referral activities and cancel or modify referrals if activity is deemed abusive or fraudulent. Rewards earned as a result of fraudulent activity are null and void.

Limitations

There is no limit to the number of rewards you can earn.
Note: Your participation in this program may result in the receipt of taxable income from Sightbox and we may be required to send to you, and file with the IRS, a Form 1099-MISC (miscellaneous income). You are responsible for any tax liability, including disclosure requirements, related to participating in this program. Please consult your tax advisor if you have any questions about your personal tax situation.

Updates to the Terms

Sightbox reserves the right to update these terms at any time without prior notice. Continued participation in the Referral Program after any modification shall constitute consent to such modification. If the modified terms are not acceptable, the only recourse is to stop sending referrals or participating in the Referral Program.

Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to its subject matter and constitutes and supersedes all prior agreements, representations and understandings of the parties, written or oral.

Amazon Terms

Additional terms may apply to any Amazon gift card(s) you earn as commissions under this Referral Program. Amazon is not a sponsor of this Referral Program.

 

7. Shipping & Handling

We reserve the right to increase, decrease, add, or eliminate shipping and handling charges from time to time. For Orders shipped to addresses within the continental US, shipping is completed by a third-party courier and delivery timelines supplied through the Service are estimated according to standard shipping and handling expectations—in alignment with the supply of your prescribed contact lens, its packaging by our shipping center, and its delivery by our third-party courier. All contact lenses purchased from us are made pursuant to a shipment contract.

 

7.2   Delivery Timeline

Sightbox will only process an Order according to a valid contact lens prescription, and that prescription must list a brand and modality Sightbox supports. While Sightbox will facilitate your exam and check in with you about your prescription after your exam, your contact lens prescription is your responsibility to obtain. Your optometrist is a medical professional, and you are their patient. As a third-party referrer, Sightbox is happy to facilitate the process of finalizing your prescription, but we are unable to finalize your prescription on your behalf. It is the patient’s responsibility to work with their doctor to find the appropriate prescription.

A prescription is finalized if the patient and doctor are both happy with the contact lenses from the Exam. If Sightbox has a final copy and the prescription is able to be verified, then the Order is sent to our distributor for processing.

In the event that a lens is backordered, our shipping center will make every effort to have their stock replenished as quickly as possible. Specialty lenses, including XR toric and multifocal toric lenses, are all custom produced and made to order by the lens manufacturer. Accordingly, it takes 3-10 weeks for those lenses to process and ship.

Sightbox makes every effort to notify you about any shipping delays you may experience as soon as we are made aware.

The 12-month supply of lenses that comes as part of your membership is delivered to the address associated with your Sightbox account according to a shipping schedule appropriate for the packaging and modality of your prescribed lenses. 2-week contacts ship in either four 3-month supplies or two 6-month supplies; 1-month contacts ship in two 6-month supplies; 1-day contacts ship in twelve 30-day supplies or four 3-month supplies.

 

7.3   Checking Order Status

If you receive tracking information, you can check on your shipment’s status once UPS has the package in the system. To track and receive updates about your package you can sign up for UPS My Choice.

 

7.4    Returns

Your satisfaction is important to us. If there is a problem with your contact lenses, please contact us at support@sightbox.com. Problems about which you should reach out to us include any packaging issues, damaged box or packaging, incorrect lens packaging, lost package.

If you experience issues with your contact lenses that cause you discomfort (including, but not limited to, light sensitivity, discharge, redness/sensitivity, or pain), please contact your optometrist or another medical professional as quickly as possible. After any medical situation is resolved, you can contact us to adjust your shipment however appropriate.

If the contact lenses shipped to you don’t match your contact lens prescription or are inaccurate to a modality, color, or brand preference (as you had requested while corresponding with Sightbox after your Exam), please contact us within 60 days.

In the event that Sightbox evaluates your lenses as eligible for return, we will provide you with the appropriate shipping label(s), so you can successfully return that shipment. If we do not receive the return shipment within 60 days after we supply the return label, we will charge your designated payment method for those lenses at the lenses’ retail price.

 

7.5   Risk of Loss

Risk of loss for all lens shipments supplied through the Service passes to you upon our delivery to the carrier (UPS or USPS). In the event of a misdelivery or you are unable to locate your package after receiving a delivery notification, your first course of action would be reaching out to UPS Customer Service at 1-800-742-5877 to notify them of the delivery error. Contact us at support@sightbox.com to file a claim through our Service, which we evaluate on a case-by-case basis.

You are responsible for ensuring up-to-date delivery preferences in your Account.

 

8. Annual Eye Exam

As part of the Services, we schedule an annual eye exam and fitting on your behalf with an optometrist in your area. Sightbox does not accept existing prescriptions or prescriptions from exams not scheduled through our Service. The cost of a comprehensive contact lens eye exam, refraction, contact lens fitting, insertion and removal training and all contact lenses is distributed to you, the Member, based on your prescription for the 12-months are included in your Plan.

 

8.1   Scope of Exam

All Sightbox memberships include the cost of a comprehensive eye exam. According to the American Optometric Association, the following services are performed as part of all comprehensive eye exams:

  • Discussion of Patient History: i.e., patient’s medical history and known vision conditions
  • Visual Acuity Testing: assessing how well the patient is able to read from a chart at different distances
  • Preliminary Testing: i.e., depth perception, color vision, eye muscle movements, peripheral or side vision, and the way the patient’s pupils react to light
  • Keratometry: measures the curvature of the cornea (the clear outer surface of the eye)
  • Refraction: determines nearsightedness, farsightedness or astigmatism powers; Sightbox does not cover optional retinal screening services like Optomap or Optos
  • Eye Focusing, Eye Teaming, and Eye Movement Testing: tests the ability of how well the patient’s eyes work together to focus

Sightbox Memberships (and Exam payment) do not cover:

  • Digital retinal screening
  • Optomap, Optos, retinal scans or fundus photos
  • Visual field screening
  • Products related to glasses, sunglasses, or frames of any kind
  • Any type of medical services

 

8.2   Exam Scheduling  

After Signup, Sightbox will schedule an appointment on your behalf with a local optometrist. Exam details are provided within five business days of Signup.

If you already have a current or preferred eye doctor in mind, we are more than happy to attempt to schedule an appointment with them if they are accepting new patients and have the ability to process payment for the exam over the phone. If we cannot work with your optometrist of choice, you may request to end your membership early and be refunded for your first monthly payment paid at Signup.

When you sign up with Sightbox, we ask several questions to determine what optometry practice will best meet your needs. Members have the preference to schedule their exam either “sooner” or “closer,” meaning our Care Coordinators can prioritize 1) distance from the Member’s address provided or 2) time, scheduling the exam as soon as possible given the Member-provided availability and location.

After we schedule your appointment, we verify with you the date and time of your exam and let you know what doctor you’ll be seeing. We schedule Members in the order they sign up for our Service. Members can expect to receive that information in an email within five (5) business days of initial Signup.

The Member is required to take action and confirm their appointment information with Sightbox. We will follow up asking for confirmation via text, email, and finally phone in the days leading up to your appointment. If we do not receive attendance confirmation, we will cancel the appointment.

Sightbox will call the optometrist’s office approximately 20 minutes before your exam to provide payment for your standard comprehensive contact lens exam, refraction, and contact lens fitting services.

 

8.3   Exam Rescheduling

Please let us know immediately (at a minimum of one (1) business day prior, no weekends) if you are unable to attend your confirmed appointment. Sightbox will then contact the clinic to cancel the appointment and then reschedule a new exam on your behalf. You MUST request that reschedule directly through Sightbox.

If your reschedule request is not made in a timely manner, you might incur a $25 no-show fee from the clinic, depending on the clinic’s policies. If you reschedule your appointment directly with the clinic without notifying Sightbox, we will not have all of the information needed to pay for your exam.

If a doctor’s office reaches out to you requesting to reschedule your exam, please alert Sightbox as soon as possible so that we can pay for your appointment on time.

 

8.4    Exam Cancellation – No Show Policy

In the event that you miss your scheduled appointment, we reserve the right to charge your designated payment method a $25 fee.

 

8.5    Follow-Up Appointments

If your journey to contact lenses requires additional visits to your eye doctor (e.g., trial lenses or refittings) you can schedule those appointments independently of Sightbox. Be sure to follow all instructions to get your prescription finalized within a 30-day period. Non-medically necessary appointments during this period are covered under the initial contact lens fitting fee paid for by Sightbox.

 

9. Finalizing Your Prescription

Your doctor will help to determine your medical eligibility for contacts and will finalize a contact lens prescription that is right for your vision needs. Sightbox is brand agnostic and cannot determine a Members’ contact lens brand or modality, nor make any guarantees in regards to prescriptions. After your contact lens prescription is finalized by your optometrist, we will obtain a copy from either you or the optometry office and use it to begin processing your contact lens order once it has been verified by our Entry Team.

Sightbox will reach out to your optometry office to obtain a finalized copy of your contact lens prescription on your behalf for a maximum of 30 days. After 30 days, it is the Member’s responsibility to finalize their prescription and provide Sightbox with a copy via email at happiness@sightbox.com.

 

9.1   Trial Lens

In many cases, the optometrist will provide trial lenses for a patient to wear for a few days before finalizing the contact lens prescription.

In most cases, if you are happy with your trial lenses, the optometry office will invite you to either verbally confirm your final prescription over the phone or ask you to come back to the office for a brief follow-up appointment. If you are unhappy with your trial lens prescription, an optometry office will typically provide additional trial lenses until you find a pair that is comfortable and effective.  

Each optometry office may have its own policy and procedure on trial contacts. An optometrist is the only person who can complete and finalize your prescription. Sightbox is unable to finalize a contact lens prescription on your behalf.

Please make sure that you are 100% satisfied with your trial lenses before finalizing your prescription as these will be the lenses issued to you by our Service.

 

9.2   Lapsed Trial Periods

With the help of your optometrist, you should typically be able to finalize your prescription within 30 days of receiving trial lenses. Additional charges are typically due for lapsed trial lens periods since your optometrist would need to reconduct your contact lens fitting after that long a period of time. Sightbox will not pay for any additional charges required by an optometry office due to a patient’s lapsed trial period.

 

10. Renewal

Sightbox will reach out to you before your prescription expires in order to renew your annual membership. Your contact lens shipments will resume as normal as soon as we receive a valid finalized contact lens prescription after your annual Exam.

You can cancel your membership at renewal at no additional cost. When Sightbox emails you about your membership renewal, reply to that message with your renewal cancellation request. We are also able to note an Account for a future-renewal cancellation request. You can send that request to Sightbox by emailing support@sightbox.com.

A membership year is completed after 12 membership payments have been made, a 12-month supply of contact lenses has been supplied, and Sightbox supplied payment for a Member’s Exam. You will be considered ineligible for renewal if you have not completed your last 12-month billing cycle successfully as described in Section 6. An Account is only eligible for canceling at renewal with no additional charges if it is up to date on payments. 

If you are interested in renewing or canceling your Sightbox membership early or have any questions about the renewal process, email us at renewal@sightbox.com.

 

Questions? Comments?

Sightbox puts you and your optometrist at the center of eye care. We value your feedback and are happy to help however we can! If you need any assistance or have suggestions for us, please email support@sightbox.com