In the following document, "we" and "us" refers to Instant NY Vision Test, and "you" refers to the user.
Please review these terms thoroughly, as they outline your legal rights and obligations. Notably, this agreement includes a mandatory arbitration clause. This requires that any legal disputes be resolved through individual arbitration rather than in court, which restricts the types of legal remedies available to you.
Access to our Services is provided on the condition that you accept these Terms in their entirety. Some specific features or tools may be governed by additional rules or guidelines. When these are applicable, they will be posted alongside the relevant feature and are considered incorporated into this agreement. By using any part of the Services, you confirm your agreement to all applicable Terms.
By accessing or using our platform—whether you are browsing, making a purchase, or interacting with any of our services—you acknowledge that you have read, understood, and agree to be legally bound by these Terms. Your use of the Services is conditional upon this agreement. If you do not agree to these terms, you do not have permission to access or use the Services.
Your use of our platform is governed by the NY Instant Vision Test Privacy Policy. This policy explains our practices regarding the collection, storage, and sharing of the data you provide to us. This data—which we call “Personal Information”—may include your name, mailing address, date of birth, driver’s license details, and more.
Instant NY Vision Test offers remote visual acuity screenings designed to meet the vision test requirements for driver’s license renewals. Please be advised that Instant NY Vision Test is a private entity and is not a government agency. It is not affiliated with the Department of Motor Vehicles (DMV) or any other government body and cannot do anything on their behalf. However, we are officially authorized by the relevant government agencies to conduct these vision tests and submit the results on your behalf.
You acknowledge that the services provided by NY Instant Vision Test do not create a medical professional/patient relationship. The services do not constitute an opinion, medical advice, or diagnosis or treatment, and are provided for the sole purpose of assisting you in obtaining a visual acuity screening for the renewal of your driver’s license and submitting it to the applicable governmental entity. If you have an urgent medical issue, do not use this site; call 911 or seek emergency care right away.
We’re here to help you through the screening process, but please remember that any communication from our team—including emails, calls, and video chats—is for general information only. It is not medical advice. Our platform is not a substitute for a doctor’s visit. You should never make medical decisions based on our Services without first talking to your own healthcare provider.
As long as you follow these rules, you’re welcome to use our site. However, we provide our services at our own discretion and may change or stop providing them at any time without a heads-up. We aren’t responsible for any technical issues or outages that might make our platform temporarily unavailable to you.
You must be 18 or older to use this platform. By using our site, you’re telling us that you are a legal adult and are fully capable of agreeing to these terms. Please note that our services are not intended for children, and we never knowingly gather information from anyone under 13 years old.
The test will involve a video call, which means you need a solid internet connection and a webcam. You will need to present your driver’s license during the call. Please keep anything that may expose sensitive information away from your surroundings. The audio and video of the calls may be recorded. There may be other people observing the call for quality and training purposes while it happens, that aren’t shown to you.
If you have any accessibility needs, just let us know before the appointment and we’ll make any necessary and sensible accommodations.
We will make reasonable efforts to make sure that the site is available and functioning to you. That said, there are a number of types of downtime that we are not responsible for: scheduled maintenance downtime, downtime from problems beyond our control such as natural disasters and other force majeure events, failures by internet providers and internet hosting providers, any issues with your own computer and equipment, and any breach of the Terms of Service by you.
Instant NY Vision Test maintains the right to deny access and service to you for any reason and without any advance notice. This includes if Instant NY Vision Test believes that you have violated the terms of service. You agree that we will not be liable for you or any third party for this sort of denial of service. We maintain the right to notify law enforcement about any illegal activity that led us to deny service.
This service requires a one-time fee. This fee is not a part of any fees charged by the DMV. When you submit your payment information, you are implicitly authorizing our third-party payment processor to charge for all the fees for the test. We don’t keep any payment card information afterwards, except potentially the last four digits of the card.
The payment processor may ask for any sort of information on the card, such as the CVV, as well as the email and address. By submitting that payment info, you assert that you have the legal right to use it. We may seek pre-authorization of payment cards prior to any charges. We are not liable for any additional charges that come from third parties, or any errors by them when handling the payment, including from the user submitting incorrect payment info. You agree not to hold us liable for any mistakes on the part of the payment processor. We are not liable for any other fees, other than those for the service.
You may cancel the appointment at any time. You only have to pay for the test if you pass it. If, for some reason, the DMV doesn’t accept the result, we will issue you a refund.
We maintain the right to add or remove additional fees, or change the prices of existing ones. We may offer promotional discounts, but that doesn’t mean that every user is entitled to them.
We grant you access to our Services on the condition that you use them responsibly. You may not use this site to break the law, scam others, or harass anyone. Specifically, you agree not to:
• Use automated tools (like bots or scrapers) to access our data. • Attempt to bypass our security, hack our servers, or spread viruses. • Pretend to be someone else or provide false information. • Modify our software or create apps that interact with our service without permission. • Use our vision test in high-stakes environments where an error could result in physical harm. • Publicly display our testing interface or user results without authorization.
Any violation of these rules may result in the immediate loss of your account and access to our Services.
Everything you see on our site—from the words and pictures to the code that makes it work—belongs to Instant NY Vision Test.
Your Rights: We’re happy to let you use our site for its intended purpose, but this is a temporary permission, not a transfer of ownership.
Our Rights: You may not steal, copy, or redistribute our content. This includes “reverse engineering” our vision testing software or trying to sell our services as your own.
Personal Use Only: The materials provided on this site are for your personal use only. You don’t have permission to use our intellectual property for business purposes or to remove our branding or legal notices from the site.
If you believe your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent with a written notice containing the following:
• An electronic or physical signature of the person authorized to act on behalf of the copyright owner. • A description of the copyrighted work you claim is being infringed. • The specific location on our site where the material is located. • Your contact information (address, phone number, and email). • A written statement that you have a good faith belief the disputed use is unauthorized. • A statement by you, made under penalty of perjury, that the information provided is accurate and that you are the copyright owner or authorized representative.
Send notices to: support@instant-ny-vision-test.com.
Failure to include all of the above information may result in your notice being invalid. We reserve the right to remove infringing content without prior notice.
If you send us ideas, creative materials, or suggestions about how to improve our services, we call this “Feedback.” By submitting it, you agree that your Feedback is not confidential and belongs entirely to Instant NY Vision Test. This means we can use your ideas to improve our business or for marketing purposes without needing to pay you or give you credit for the suggestion.
Third-Party Content: Occasionally, we link to other websites. We don’t run those sites, so we aren’t responsible for what they say, sell, or do. Just because we link to them doesn’t mean we’re partners or that we officially “vouch” for them.
Working with Partners: To make our services work, we sometimes use third-party tools. You agree that we can share relevant data with these trusted partners so they can help us provide the services you’ve requested.
Limitation of Claims: By using our site, you agree not to hold us liable for any issues, injuries, or losses caused by third-party services or other users.
California Waiver: California residents specifically agree to waive the protections of Civil Code Section 1542. This means this release of liability applies to all claims, even those you don’t know about yet.
Any information or materials you provide to us through our platform are governed by our Privacy Policy. We encourage you to review that policy to understand how we collect, use, and protect your data.
We strive for perfection, but sometimes mistakes happen. We reserve the right to fix any typos, inaccuracies, or omissions related to pricing, availability, or service details. If a transaction is based on incorrect information, we may cancel that transaction and update the details without prior notice. We don’t guarantee that all information on the site is always 100% accurate, complete, or current, and we aren’t required to update old content unless the law says otherwise.
When you use our site or email us, you’re communicating with us digitally. By sharing your email address or scheduling a test, you agree to receive digital communications from our team. You also agree that any electronic agreements or notices we send satisfy the same legal requirements as a physical document printed on paper.
Except in cases of Instant NY Vision Test’s gross negligence or intentional misconduct, you agree to protect, defend, and hold harmless Instant NY Vision Test, its officers, employees, and partners from any financial losses, legal liabilities, or expenses (including reasonable attorney fees). This applies to any claims arising from your use of the Services, your violation of these Terms, or your infringement of any third-party rights or laws. We reserve the right to handle our own legal defense for any matter covered by this section; if we do, you agree to fully cooperate with our legal team.
Using our content or data for your own commercial purposes is strictly prohibited. You agree that if you use our Services for business or republish our information without permission, the damage to our company could be impossible to fix with money alone. Therefore, we have the right to seek an immediate court order to stop the unauthorized use of our intellectual property.
“As Is” Service: We provide our Services on an “as is” and “as available” basis. To the fullest extent permitted by law, Instant NY Vision Test disclaims all warranties, whether express or implied, including any warranties of merchantability, fitness for a particular purpose, or non-infringement.
No Guarantees: We do not guarantee that the results of our vision screenings will meet your specific requirements or that the service will be reliable, accurate, or error-free. We make no promises regarding the security of data transmission or that the site will be free from viruses, bugs, or data loss.
No Special Duty: Your use of this site does not create a fiduciary or special relationship between us. We are not responsible for the accuracy of information provided by other users or third parties.
Sole Remedy: If you are dissatisfied with our Services, your primary and exclusive remedy is to stop using the platform.
Financial Cap: To the fullest extent permitted by law, our total liability to you for any claim related to the Services is limited to the greater of: (a) the amount you paid us for the service, or (b) $100. For claims specifically involving payment processing, our liability is capped at the processing fees we retained from your transactions in the six months leading up to the claim.
Excluded Damages: Instant NY Vision Test will not be liable for any indirect, incidental, or consequential damages. This includes, but is not limited to, claims for lost profits, lost data, or computer failure, even if we were aware such damages were possible.
State Laws & California Waiver: In jurisdictions that do not allow these limitations, our liability is limited to the maximum extent permitted by law. If you are a California resident, you expressly waive the protections of California Civil Code Section 1542 regarding unknown claims.
Agreement to Resolve Disputes: You and Instant NY Vision Test agree that any conflict, claim, or disagreement arising from your use of the Services or these Terms (collectively, “Covered Disputes”) will be handled according to the process outlined in this section.
Mandatory Informal Step: Before initiating any formal legal action or arbitration, you agree to first contact us at support@instant-ny-vision-test.com with a brief written description of the issue and your contact information. We will then have thirty (30) days to work with you to reach an amicable solution. Formal proceedings may only begin after this 30-day period has expired.
The Agreement to Arbitrate: You and Instant NY Vision Test agree that any legal dispute related to these Terms or your use of the Services will be settled through binding individual arbitration, rather than in a court of law. This means you are waiving your right to a trial by judge or jury.
Class Action Waiver: All claims must be resolved on an individual basis. You may not bring a claim as a plaintiff or class member in any class, collective, or representative action.
Arbitration Procedures: Arbitration will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.
Governing Law: This agreement is governed by the Federal Arbitration Act (FAA) and, where applicable, the laws of the State of New York.
Finality: The arbitrator’s decision is final and binding. The prevailing party may be entitled to recover reasonable attorney’s fees and costs.
Exceptions: You still have the right to seek relief in a small claims court for qualifying disputes, and to seek an injunction in court to protect intellectual property rights.
Costs: Fees are generally governed by AAA rules. However, if an arbitrator finds your claim to be frivolous, you may be required to reimburse us for arbitration costs.
The 30-Day Opt-Out: If you do not wish to be bound by this arbitration agreement, you must email support@instant-ny-vision-test.com within 30 days of first accepting these Terms. Your email must include your full name, address, and a digital image of your valid driver’s license.
Statute of Limitations: Any claim must be filed within one (1) year after the issue arises, or it is forever barred.
Venue: If a claim proceeds in court (due to an opt-out or exception), it must be litigated exclusively in the state or federal courts of Queens County, New York.
All disputes and legal proceedings must be conducted on an individual basis. You and Instant NY Vision Test agree that each party may only bring claims against the other in an individual capacity and not as a plaintiff or class member in any potential class, collective, or representative proceeding (such as a private attorney general action). Furthermore, no arbitrator or judge may combine the claims of more than one person or oversee any form of a consolidated or representative legal action.
Except as otherwise noted, this document represents the full and complete agreement between you and Instant NY Vision Test regarding our Services. These Terms override all previous or current communications, proposals, or agreements—whether they were made electronically, verbally, or in writing—between you and us.
We reserve the right to modify these Terms at our discretion. When we do, the newest version will immediately replace all previous versions. While we encourage you to check this page periodically for updates, we will provide reasonable notice for any significant changes. By continuing to access or use our Services after an update, you agree to be bound by the revised Terms.
Instant NY Vision Test provides its Services as an independent contractor. Nothing in these Terms shall be interpreted as creating a partnership, joint venture, employer-employee relationship, or agency between you and us. Each party is solely responsible for its own actions and personnel. Neither party has the authority to enter into agreements, make promises, or incur any obligations on the other party’s behalf.
If any part of these Terms is found to be invalid, illegal, or unenforceable by a court of law, that specific provision will be removed or limited only to the extent necessary. The removal of that part will not affect the validity or enforceability of the remaining sections of these Terms, which will continue to remain in full force and effect.
Instant NY Vision Test will not be liable for any delay or failure to perform its obligations under these Terms if such delay or failure is caused by circumstances beyond our reasonable control. This includes, but is not limited to:
• Natural Events: Severe weather, natural disasters, or other “Acts of God.” • Civil Unrest: War, terrorism, riots, rebellion, or civil disorder. • Health & Government: Pandemics, epidemics, quarantines, or new government regulations and embargoes. • Labor & Infrastructure: Strikes, major hardware or software failures, and disruptions to telecommunications or internet networks.
Because Instant NY Vision Test is based in the U.S., our Services must follow U.S. export rules. This means you cannot use or send our Services to any country or person that the U.S. government has restricted or sanctioned. You are also responsible for following the import and export laws of your own country. You agree to follow all applicable trade laws, both in the U.S. and abroad, when using our platform.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a complaint regarding our Services or would like further information regarding their use, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs:
In Writing: 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834
By Telephone: (800) 952-5210
Governing Location: The Services are operated from the United States. We make no representation that the Services are appropriate or legal in other jurisdictions. If you access the platform from outside the U.S., you do so at your own risk and are responsible for following local laws.
Assignment: You may not transfer or assign your rights or licenses under these Terms without our prior written consent. We may assign our rights without restriction.
Non-Waiver: If we fail to enforce any part of these Terms at any time, it does not mean we have waived our right to enforce that or any other part of these Terms in the future.
Interpretation: Section headings are for convenience only and do not affect the legal interpretation of these Terms. Whenever we use the word “including,” it should be understood to mean “including without limitation.”
Third-Party Beneficiaries: These Terms are a contract between you and Instant NY Vision Test. No other person or entity has any right to enforce any part of this agreement.
Any questions or comments? Please reach out to us:
Instant NY Vision Test LLC support@instant-ny-vision-test.com