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Terms of Service

Last Updated: Jun 16, 2024

Welcome to Opticare Inc. (“Opticare,” “we,” “us,” or “our”), offering a proprietary health and wellness management system, which includes a fundus camera device, web interface, and supportive communications such as SMS and Email (collectively referred to as the "Opticare System" or “System”). These Terms of Use (“Terms”) are a legal agreement between you and Opticare and govern your use of the Opticare System.

PLEASE READ THESE TERMS CAREFULLY. By accessing or using the Opticare System, you confirm that you have read, understood, and agree to be legally bound by these Terms. If you do not agree to these Terms, you must not use the Opticare System.

 

Acceptance of Terms

By using the Opticare System, you affirm that you are at least 18 years old and have the legal authority to enter into these Terms. If you are not at least 18, you are not permitted to use the Opticare System.

 

Modifications to Terms

We may update these Terms from time to time to reflect new services, changes in our business, or to comply with legal requirements. The "Last Updated" date at the top of these Terms will indicate when the latest changes were made. By continuing to use the Opticare System after these changes are posted, you agree to the revised Terms.

 

Privacy

Your privacy is important to us. Your access to and use of the Opticare System is also subject to our Privacy Statement, which describes how we collect, use, share, and safeguard your personal information. You acknowledge and agree that your use of the Opticare System signifies your consent to the Privacy Statement.

 

Use of the System

The Opticare System is provided as a tool to assist you in managing your health and wellness. It is important to note that the Opticare System, including any health insights or analyses provided, is not approved by the FDA for diagnosis or treatment of any medical conditions. The information generated by our system should be used solely as a supplement to professional healthcare advice, treatment, or diagnosis.

You are responsible for ensuring that you do not disregard or delay seeking professional medical advice based on the information provided through the Opticare System. Always consult with a qualified healthcare professional before making any health-related decisions or changes to your healthcare regimen.

Important Disclaimers:

  1. Non-FDA Approved: The Opticare System is not intended for use in the diagnosis, treatment, mitigation, or prevention of any disease or medical condition and has not been reviewed or approved by the FDA for these purposes.

  2. Supplementary Tool: Our AI technology is designed to provide supportive health and wellness insights. It should not be relied upon as the sole basis for any health-related decision-making.

  3. Consult Healthcare Professionals: Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition or health-related decision. Never disregard professional medical advice or delay in seeking it because of something you have read through the Opticare System.

By using the Opticare System, you acknowledge and agree to these terms and understand that the system is an adjunct tool meant to complement, not replace, professional healthcare advice.

 

User Responsibilities

In using the Opticare System, you commit to maintaining the accuracy of the information you provide, securing your account credentials, and using the System in a manner that is legal and complies with these Terms. If you suspect unauthorized use of your account, you must notify us immediately.

Users are advised to protect their data by [list of recommended practices, e.g., secure passwords, not sharing login credentials]. Opticare Inc. is not responsible for breaches resulting from users' failure to follow these recommendations.

Users have the right to access, correct, or delete their personal data held by Opticare. Requests for data access, correction, or deletion can be made through support@opticare.ai, and we will respond within 2 weeks.

 

Cancellation and Termination

You may terminate your use of the Opticare System at any time. We may suspend or terminate your access to the System at our discretion, including for violations of these Terms.

 

Return Policy

Opticare offers a 30-day return policy for its physical products. Customers can return physical items within 30 days of receipt, even if they have been used. To initiate a return, please contact support@opticare.ai with the order details. Returned items will be inspected, and refunds will be processed based on the item's condition and credited to the original payment method. This return policy does not apply to service charges, which are non-refundable.

Eligibility for Return

  • Customers may return purchased physical products within 30 days from the date of receipt.

  • Returned items must include all original packaging and accessories.

  • The product should not have any damage beyond normal wear and tear from its intended use.

Exclusions

  • Service charges, including but not limited to consultation fees, installation services, and training sessions, are non-refundable.

  • Custom-made or personalized items may not be eligible for return unless defective.

Return Process

  • To initiate a return, contact Opticare AI customer support at support@opticare.ai with your order details and reason for return.

  • Instructions for return shipment will be provided upon approval of the return request.

Condition of Returned Items

  • Returned items will be inspected upon receipt.

  • Products showing excessive wear or damage may result in a reduced refund or no refund.

Refunds

  • Approved refunds will be processed and credited to the original payment method within a specified number of business days after the receipt and inspection of the returned item.

  • Refunds will reflect the condition of the product and may be partial, depending on the product's state upon return.

Shipping Costs

  • Customers are responsible for return shipping costs unless the return is due to an error on Opticare AI's part (e.g., incorrect or defective item).

  • Original shipping fees are non-refundable.

Exchanges

  • If a product is defective or damaged, customers may request an exchange instead of a refund.

 

Intellectual Property

The Opticare System and all associated intellectual property rights are owned by Opticare or its licensors. You may use the System only in line with these Terms and may not exploit any content from the System without express permission from Opticare.

 

Compliance with Regulations and Standards

Opticare Inc. adheres to the Health Insurance Portability and Accountability Act (HIPAA) and other relevant health data protection laws. We are committed to ensuring the confidentiality, integrity, and availability of all protected health information (PHI).

 

Disclaimers

The Opticare System is provided "AS IS" without any warranties, express or implied. We do not warrant that the System will meet your specific needs or will be uninterrupted or error-free. Opticare services should not be used for any medical decisions. Always consult a qualified healthcare professional for personal medical attention and diagnosis.

 

Limitation of Liability

To the fullest extent permitted by law, Opticare will not be liable for any damages that arise from the use or inability to use the Opticare System, including indirect, consequential, exemplary, incidental, special, or punitive damages.

 

Governing Law

These Terms and your use of the Opticare System are governed by the laws of the State of Washington, without regard to conflict of law provisions.

 

Dispute Resolution

Disputes relating to your use of the Opticare System and these Terms shall be resolved by binding arbitration in King County, Washington, except as set forth in the Privacy Statement or where otherwise agreed to by you and Opticare.

 

Changes to These Terms

Opticare Inc. reserves the right to review and update these Terms of Use periodically to reflect changes in our practices, services, or legal requirements. The date of the most recent revision will be indicated at the top of this document. We will notify our users of any significant changes through our usual communication channels, including email notifications and/or prominent notices on our website. Your continued use of the Opticare System following the posting of changes constitutes your acceptance of such changes.

 

Contact Information

If you have any questions regarding these Terms or need support with the Opticare System, please reach out to us via email: support@opticare.ai

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