CPAP Lens
Terms of Use and Disclaimer
1. Scope and acceptance
1.1 These Terms apply to the download, installation and use of CPAP Lens (the "App"). The App is developed, provided and maintained by MUSEN Limited Company, a company based in Taiwan ("we", "us" or the "Developer").
1.2 By tapping "I understand and agree" when you first open the App, you confirm that you have read, understood and agree to these Terms and the Privacy Policy. If you do not agree, stop using and uninstall the App.
2. Age and eligibility
2.1 You must be at least 18 years old and legally able to enter into a contract.
2.2 People under 18 may not use the App themselves. Their parent or legal guardian may read or manage data for them under Section 8.
3. Not a medical device
The App is for personally reviewing and organizing your own positive airway pressure (PAP) usage records. It is not intended for medical diagnosis or for making treatment decisions. The App is a general information viewer and is not a medical device. It has not been registered, cleared, approved or authorized by the Taiwan Food and Drug Administration, the U.S. Food and Drug Administration, the Australian Therapeutic Goods Administration or any other regulator, and it does not diagnose, treat, cure, mitigate or prevent any disease or health condition.
4. Not medical advice
Everything the App shows, including data, metrics, reference values, charts, text, reminders, association analyses and exported files, is for your personal reference only. It is not a medical diagnosis, treatment advice or advice on machine settings, and it does not replace the professional judgment of a physician, respiratory therapist or other health professional. Each reference value shown in the App cites its published source and only describes where a number sits relative to the range stated in that source.
5. Your responsibilities
Do not adjust your machine's settings, or change or stop your therapy, based only on the App. If you feel unwell, notice a change in symptoms or have any questions, talk to a health professional. In an emergency, seek medical care immediately or call your local emergency number (911 in the United States, 000 in Australia, 119 in Taiwan).
5.2 You are responsible for the security of your device, including setting a screen lock and installing operating system updates. If you root, jailbreak or otherwise modify your device's operating system without authorization, the App's data protection may not work, and you bear the related risks.
6. Accuracy of data
The App reads and calculates data using publicly available information and its own software. Results may differ from what actually happened, from what the device itself shows, or from other software, because of file formats, device firmware, device clocks, limits of the algorithms, software errors or other factors. We do not guarantee that the content is accurate, complete, up to date or fit for any particular purpose. Devices marked "experimental support" have not been validated with real data and may show larger errors. Data from third-party devices imported through Health Connect or from files, such as watches and oximeters, depends on how each device measures. Data from watches and other wearables not approved as medical devices is for reference only.
7. Data and privacy
7.1 The App only reads the memory card or folder you choose and never modifies or deletes any file in it.
7.2 Results are stored on your device. We run no servers and do not collect, transmit or keep the data you have in the App. If you turn on Android system backup, that backup is handled under Google's terms.
7.3 If you choose a Google Drive folder, files are downloaded by Google Drive under Google's terms.
7.4 If you grant Health Connect access, the App only reads the data types you allow and never writes or deletes data. You can withdraw access at any time.
7.5 Files you export or share yourself (including to artificial intelligence services) are handled under the recipient's terms once they leave the App, and you decide whether to accept that risk.
7.6 See the Privacy Policy for details.
8. Using the App for someone else
Before reading or managing another person's data, you must have that person's consent. If the person is a minor or lacks legal capacity, only their parent, guardian or other legal representative may do so, or you must have that representative's consent.
9. License and restrictions
9.1 We grant you a non-exclusive, non-transferable, non-sublicensable license, which may be terminated under these Terms, to use the App on devices you own or control for personal, non-commercial purposes. The App and all intellectual property rights in it belong to us or our licensors.
9.2 You must not:
- reverse engineer, decompile or disassemble the App, except to the extent the law permits;
- remove or alter any copyright, trademark or other notice in the App;
- rent, sell or distribute the App, or use it to provide paid services to others;
- present the App's content as a medical diagnosis, medical advice or a result approved by a regulator; or
- use the App in a way that circumvents the Pro limits or interferes with its normal operation.
10. Pro and payment
10.1 The App has a free version and a Pro version. The features in each are described on the in-app Pro page and on the page of the app store you got the App from (Google Play or the Apple App Store). The App also includes made-up demo data on which you can try the Pro features without paying or giving any payment details.
10.2 Pro is offered as: (a) monthly and yearly subscriptions, which renew and are charged automatically at the end of each period; and (b) a lifetime purchase, which is a one-time purchase that does not renew and gives you Pro for as long as the App is offered, at no further charge. The price and renewal period of each plan are those the app store shows at the time of purchase.
10.3 First-time subscribers to the yearly plan can get a free trial; its length is the one the app store shows at the time of purchase. To start the trial you give a payment method to that store. If you do not cancel before the trial ends, it turns into a paid yearly subscription and you are charged the price the store shows. The store decides who is eligible, and each account can have one trial.
10.4 You can cancel a subscription or a trial at any time on your account's subscription page in the app store; the in-app Pro page links to it. To avoid being charged for the next period, cancel before the current period ends, within the time the store requires (on the Apple App Store, at least 24 hours before the end of the period). After you cancel, you keep Pro until the end of the period you paid for. Deleting the App does not cancel a subscription.
10.5 Payments are processed by the app store you got the App from under that store's terms of service and payment terms. We never receive your card or other payment details. The App has no accounts, so a subscription or lifetime purchase bought in one app store applies only to the App obtained from that store and cannot be moved to another platform.
10.6 Refunds are handled under that app store's refund policy, without limiting any rights you have under the law where you live (see Sections 18 and 19). If you cancel before a trial ends, you are not charged.
10.7 When a subscription ends without renewing, a trial is cancelled before it ends, or Pro otherwise ends, all the data you created stays on your device and the free features keep working. Pro features are hidden until you buy again.
10.8 We may change the price or content of Pro. A change to a subscription price is notified in advance as the app store requires and applies from the next subscription period after the notice; where the store requires your consent, it does not apply without it. Changes do not affect a period you have already paid for or a lifetime purchase you have completed.
11. Changes to and end of the App
11.1 You may stop using and uninstall the App at any time.
11.2 We may update, change or stop offering the App or any of its features. The App works without a network connection, so an installed copy should keep working if updates stop or the App is removed from the app store, but we do not guarantee that it will stay compatible with future operating system versions, devices or file formats.
11.3 If you breach these Terms, we may end the license in Section 9.
12. Open source
The App includes third-party components provided under open source licenses. Each component is governed by its own license, listed under Settings → About in the App. Nothing in these Terms limits your rights under those licenses.
13. Trademarks
ResMed, Löwenstein Medical, Fisher & Paykel Healthcare, Wellue, Google, Samsung and other names and marks belong to their respective owners. The App is not affiliated with, endorsed by, or authorized by any of these companies. Their names are mentioned only to describe compatibility.
14. Limitation of liability
14.1 To the maximum extent permitted by law, we are not liable for any direct, indirect, incidental, consequential or special damages arising from the use of, or inability to use, the App.
14.2 Section 14.1 does not apply to damage caused by our wilful misconduct or gross negligence, or to any liability that cannot be excluded or limited under the law where you live.
15. Changes to these Terms
We may revise these Terms. Revisions will be posted in the App and on our website, and you will be asked to confirm them the next time you open the App. If you do not agree, you may stop using and uninstall the App.
16. Severability and language
16.1 If any provision of these Terms is held invalid or unenforceable, the other provisions remain in effect.
16.2 These Terms are available in Chinese and English. For users in Taiwan or users of the Chinese version, the Chinese version prevails if the two differ. For users in the United States, Australia and other regions who use the English version, the English version prevails. In each case, mandatory law where you live applies if it requires otherwise.
17. Governing law and courts
17.1 These Terms are governed by the laws of Taiwan (Republic of China).
17.2 Disputes arising from these Terms are subject to the jurisdiction of the Taiwan Taipei District Court as the court of first instance, unless mandatory law provides otherwise.
17.3 Sections 17.1 and 17.2 do not take away any consumer protection rights you have under the law where you live that cannot be excluded by contract.
18. Supplemental terms for users in the United States
18.1 The App has not been cleared, approved or authorized by the U.S. Food and Drug Administration.
18.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
18.3 EXCEPT WHERE PROHIBITED BY APPLICABLE LAW (INCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR GROSS NEGLIGENCE OR WILFUL MISCONDUCT), OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE APP IS LIMITED TO THE GREATER OF THE AMOUNT YOU PAID FOR PRO IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR US$50. Some states do not allow these exclusions or limits, so they may not apply to you.
18.4 California users may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or (800) 952-5210.
19. Supplemental terms for users in Australia
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms, including Sections 10.5 and 14, excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law, including a refund for a major failure.
20. App store terms
20.1 If you got the App from the Apple App Store, Apple's Licensed Application End User License Agreement (https://www.apple.com/legal/internet-services/itunes/dev/stdeula/) also applies. Where that agreement and these Terms conflict on a matter it covers, that agreement prevails. Apple and its subsidiaries are third-party beneficiaries of that agreement and may enforce it against you.
20.2 If you got the App from Google Play, Section 20.1 does not apply; Google Play's terms of service apply to the download and payment.
20.3 We, not Apple or Google, are responsible for the App, its maintenance and support, any warranty, and any claim relating to the App.
For how your data is handled, see the Privacy Policy.
Contact: chyang@musen.tw