Terms and Conditions
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Effective Date: August 7, 2026
EyeCare Efficiency Solutions, LLC ("EES," "we," "us," or "our") respects the privacy of our clients, website visitors, and users of the EES Competency Hub.
This Privacy Policy explains how we collect, use, disclose, store, and safeguard information when you visit our website, communicate with us, purchase or receive consulting or training services, or access the EES Competency Hub and related online services (collectively, the "Services").
This Privacy Policy does not replace a healthcare organization's patient-facing Notice of Privacy Practices or other policies applicable to its employees, contractors, or patients.
Where we process information on behalf of a clinic, practice, or other organization, our processing may also be governed by an applicable service agreement, subscription agreement, Business Associate Agreement ("BAA"), or other written agreement.
1. Information We Collect
Depending on how you interact with EES, we may collect the following categories of information.
Contact and Business Information
This may include your name, job title, organization or practice name, email address, telephone number, mailing address, and other business contact information.
Engagement and Scheduling Information
This may include requested service dates, onsite locations, session logistics, attendee information, training objectives, scheduling communications, and related correspondence.
Billing and Payment Information
This may include invoicing information, billing contacts, transaction details, and payment status.
Payments may be processed by third-party payment providers. EES generally does not receive or store complete payment card information when payment information is processed directly by those providers.
Consulting and Service Delivery Information
This may include workflow information, training objectives, operational observations, performance-assessment information, practice-provided materials, and deliverables developed in connection with an engagement.
Competency Hub Account Information
When you use the EES Competency Hub, we may collect information such as:
Name and email address
Practice or organization affiliation
Account status
Assigned user role
Authentication and account-security information
Practice Administrator, Coordinator, Lead Technician, Technician, or other authorized role information
Competency Hub Training and Activity Information
The Competency Hub may maintain information associated with training and workforce-development activities, including:
Assigned learning pathways
Training assignments
Progress and completion status
Assessments or knowledge checks
Evaluations
Coach or evaluator sign-offs
Completion dates
Certificates
Training history
Comments or other information entered by authorized users
Administrative actions and audit or activity records
These records relate to workforce training and competency-management activities and are not intended to serve as patient medical records.
Website, Device, and Security Information
We and our service providers may automatically collect information such as IP address, browser type, operating system, device type, pages viewed, approximate geographic information derived from IP address, login activity, security events, timestamps, and similar technical information.
Communications and Support Information
We may collect messages submitted through forms, support requests, webinar registrations, email communications, feedback, and other information you voluntarily provide.
2. Patient Information and Protected Health Information
EES provides consulting, staff training, workflow-improvement, and workforce competency-management services.
We design our Services to minimize the collection or use of patient information.
Competency Hub
The EES Competency Hub is not intended to be used as an electronic health record, medical record system, or repository for Protected Health Information ("PHI").
Unless EES has expressly authorized such use in writing and the parties have executed any agreement required by applicable law, users must not enter patient-specific information into the Competency Hub.
This includes, without limitation:
Patient names
Medical record numbers
Dates of birth
Patient photographs or clinical images
Patient contact information
Patient charts or medical records
Diagnosis or treatment information that identifies an individual
Other information that constitutes PHI under applicable law
Practices and users are responsible for ensuring that information entered into the Competency Hub complies with this requirement.
Consulting and Training Engagements
During consulting or training engagements, limited patient-related information may occasionally be relevant to workflow evaluation or service delivery. We request that information be de-identified whenever feasible.
Where EES is required to create, receive, maintain, or transmit PHI on behalf of a covered entity in a manner that creates a business-associate relationship, EES and the applicable organization will execute a BAA when required.
3. How We Use Information
We may use information to:
Provide consulting, training, assessment, and related professional services.
Operate and administer the EES Competency Hub.
Create and manage user accounts.
Authenticate users and maintain account security.
Assign and display training pathways.
Record training progress, evaluations, sign-offs, and completion.
Generate certificates or other training records.
Allow authorized practice personnel to administer users and review training activity.
Schedule onsite or virtual services.
Process transactions and maintain billing records.
Respond to inquiries and provide customer support.
Send account, security, administrative, or service-related communications.
Improve our Services and develop new functionality.
Diagnose technical problems and maintain system reliability.
Detect misuse, fraud, unauthorized access, or security threats.
Maintain records necessary for legal, tax, contractual, and business purposes.
Send marketing communications where permitted by law.
Protect our rights and the rights and safety of our clients and users.
Comply with applicable laws and legal processes.
4. Practice-Managed Accounts
Competency Hub accounts may be created, assigned, managed, or administered by a user's employer, practice, or organization.
Authorized Practice Administrators and other authorized roles may be able to access information associated with users in their organization, including account information, assignments, progress, evaluations, training history, sign-offs, and completion records.
Users should understand that information they enter or generate through an organization-managed account may be accessible to authorized representatives of that organization.
The organization is responsible for determining who should receive administrative access and for managing its users appropriately.
5. Cookies and Analytics
We may use cookies and similar technologies to operate our website, remember preferences, maintain security, understand website usage, and improve our Services.
Our website is hosted using third-party website infrastructure, and those providers may collect information regarding your device and interactions with the website.
You may control cookies through your browser or device settings. Disabling some cookies may affect website functionality.
Some browsers transmit "Do Not Track" or similar signals. Our Services may not respond to all such signals.
6. How We Share Information
We may disclose information in the following circumstances.
Service Providers
We use third-party providers to support functions such as website hosting, application hosting, authentication, database and file storage, transactional email, analytics, payment processing, customer relationship management, scheduling, support, and other business operations.
These providers may process information on our behalf as necessary to perform their services.
Your Organization
For organization-managed Competency Hub accounts, information may be made available to authorized administrators and personnel within your practice or organization according to assigned roles and permissions.
Payment Providers
Payment transactions may be processed by third-party payment processors. Their collection and processing of payment information is also governed by their own terms and privacy policies.
Professional Advisors
We may disclose information to attorneys, accountants, insurers, consultants, and other professional advisors when reasonably necessary.
Legal and Safety Requirements
We may disclose information when required by law, subpoena, court order, or other valid legal process, or when reasonably necessary to protect EES, our clients, users, or others.
Business Transactions
Information may be transferred as part of a merger, acquisition, financing, restructuring, sale of assets, or similar business transaction.
At Your Direction
We may disclose information when you or your organization directs or authorizes us to do so.
EES does not sell Competency Hub training records or account information for monetary consideration.
7. Data Security
We maintain reasonable administrative, technical, and organizational safeguards designed to protect information against unauthorized access, alteration, disclosure, misuse, or destruction.
Our Services rely in part on third-party cloud and technology providers.
No method of electronic transmission, storage, or security is completely secure, and EES cannot guarantee absolute security.
Organizations and users are also responsible for maintaining the security of their own systems, devices, email accounts, login credentials, and authorized-user access.
Users should promptly notify EES if they believe an account has been compromised.
8. Data Retention
We retain information for as long as reasonably necessary to provide the Services, administer accounts, fulfill contractual obligations, maintain business and training records, resolve disputes, enforce agreements, and comply with applicable legal and tax requirements.
Retention periods may vary depending on the type of information, the relationship with the applicable organization, and contractual requirements.
After a Competency Hub account or organizational subscription ends, access to information may cease. Certain information may be retained for a reasonable period for account administration, legal compliance, security, backup, dispute resolution, or other legitimate business purposes.
Residual copies may remain in secure backup systems for a limited period after deletion from active systems.
9. Access, Correction, and Deletion
Subject to applicable law and contractual requirements, individuals may request access to, correction of, or deletion of certain personal information maintained by EES.
If your Competency Hub account is managed by an employer or other organization, some requests regarding training or employment-related records may need to be directed to that organization.
EES may also need to preserve certain records when required by law, contract, legitimate business requirements, security needs, or dispute-resolution obligations.
10. Marketing Communications
You may opt out of promotional email communications by using an unsubscribe mechanism when available or by contacting EES.
You may continue to receive transactional, account, billing, security, training-assignment, or other service-related communications even after opting out of marketing communications.
11. Third-Party Services and Content
Our Services may include links to or integrations with third-party services, websites, videos, applications, or content.
Third parties maintain their own terms and privacy practices. EES is not responsible for the privacy practices or content of services we do not control.
12. Children's Privacy
The Services are not directed to children under 13, and EES does not knowingly collect personal information from children under 13.
If you believe a child under 13 has provided personal information to us, please contact us so we can take appropriate action.
13. International Users
EES is based in the United States.
Information may be processed and stored in the United States or in other locations where our service providers operate.
If you access our Services from outside the United States, your information may be transferred to and processed in jurisdictions whose data-protection laws differ from those in your location.
14. Changes to This Privacy Policy
We may update this Privacy Policy as our Services, technology, or legal obligations change.
We will post the updated policy and revise the Effective Date. Where appropriate, we may also provide additional notice of material changes.
15. Contact Us
Questions or privacy requests may be directed to:
EyeCare Efficiency Solutions, LLC
Email: info@eyecare-efficiency.com -
Effective Date: August 7, 2026
These Sales Terms and Conditions ("Terms") govern purchases of consulting, training, performance assessments, resource materials, digital resources, and related professional services from EyeCare Efficiency Solutions, LLC ("EES," "we," "us," or "our").
By booking, purchasing, paying for, receiving, accessing, or using an applicable offering, the purchaser or client ("Client") agrees to these Terms.
Use of the EES Competency Hub is additionally governed by the separate EES Competency Hub Terms of Service.
If EES and the Client enter into a separate written agreement, statement of work, proposal, quote, purchase order accepted by EES, or other signed agreement that conflicts with these Terms, the more specific written agreement controls with respect to that conflict.
1. Scope of Services
EES may provide services including:
Workflow and operational assessments
Ophthalmic and optometric staff training
Technician education
Diagnostic-device training
Performance evaluation
Standard operating procedure review
Training-program development
Practice-specific educational resources
Consulting and operational support
Digital educational resources
Specific scope, deliverables, dates, fees, and participant limits may be described in a proposal, quote, invoice, statement of work, or other written communication.
Unless expressly agreed otherwise, deliverables are intended for the Client's internal business and training purposes.
EES provides education, training, and operational consulting. EES does not provide medical diagnosis, patient-specific medical advice, or patient treatment.
2. Client Responsibilities
The Client agrees to reasonably cooperate with EES and, as applicable, to:
Provide timely access to relevant personnel, facilities, equipment, processes, and information.
Ensure participants are available and prepared for scheduled training.
Designate an appropriate point of contact.
Maintain a safe environment for onsite services.
Maintain appropriate internet, equipment, or software access for virtual services.
Ensure that its personnel follow applicable laws, policies, clinical protocols, and scope-of-practice requirements.
Minimize disclosure of PHI and use de-identified information whenever feasible.
Enter into a BAA with EES when required by applicable law and the nature of the services.
The Client remains responsible for patient care, staffing decisions, clinical supervision, credentialing, regulatory compliance, and determining which responsibilities its personnel are permitted and competent to perform.
3. Fees, Payment, and Taxes
Fees and payment schedules are stated in the applicable proposal, quote, invoice, booking page, statement of work, or other written agreement.
EES may require an engagement fee or deposit to reserve training or consulting dates.
Unless expressly stated otherwise in writing, an engagement fee reserves EES availability and may become non-refundable once scheduling, preparation, travel arrangements, or other work has begun.
Payment may be accepted through electronic payment providers, ACH, check, or other payment methods identified by EES.
The Client is responsible for applicable taxes other than taxes imposed on EES's income unless a valid exemption applies.
Past-due amounts may be subject to a late fee of 1.5% per month or the maximum amount permitted by law, whichever is lower.
EES may suspend future work, delivery of materials, or access to paid offerings while undisputed balances remain past due.
Pre-approved travel and related expenses may be billed separately unless expressly included in a package or written agreement.
4. Scheduling, Cancellation, and Rescheduling
Because EES reserves professional time and may incur preparation and travel expenses, cancellation and rescheduling terms apply unless different terms appear in the Client's proposal, quote, or agreement.
Onsite Engagements
If the Client cancels or reschedules at least 14 days before the scheduled engagement, amounts already paid may be applied to a mutually agreed rescheduled date within six months, excluding non-refundable travel or other expenses already incurred.
If the Client cancels or reschedules fewer than 14 days before an onsite engagement, a fee equal to 50% of the booked professional fees or $800, whichever is greater, may apply, together with non-refundable travel or other costs already incurred.
Virtual Sessions
Virtual sessions cancelled or rescheduled at least 24 hours in advance may generally be rescheduled without penalty.
A session cancelled with fewer than 24 hours' notice, or a session the Client fails to attend, may be forfeited or subject to a $225 rescheduling fee.
Delays
If a Client or its participants are not prepared to begin at the scheduled time, EES may conclude the session at the originally scheduled end time and the full fee will remain due.
5. Refunds
Unless otherwise expressly stated in writing, sales of completed professional services are final.
Deposits, engagement fees, prepaid services, and travel expenses are subject to the cancellation provisions and the applicable proposal or invoice.
Digital materials, downloads, recordings, templates, and other immediately accessible digital products are generally non-refundable once access or delivery has occurred, except where required by law.
Competency Hub subscriptions are governed by the refund and cancellation provisions of the EES Competency Hub Terms of Service and any applicable subscription agreement.
6. Digital Resources and Educational Materials
When EES provides digital resources, templates, manuals, recordings, or similar materials outside the Competency Hub, EES grants the Client a limited, non-exclusive, non-transferable, revocable license to use those materials internally for the purposes authorized at purchase.
Unless EES gives written permission, the Client may not:
Resell or sublicense EES materials.
Publish EES materials publicly.
Distribute materials outside the licensed organization.
Remove copyright or proprietary notices.
Represent EES content as the Client's original work.
Share access credentials or licensed materials beyond authorized users.
7. Intellectual Property
EES retains all rights, title, and interest in its pre-existing and independently developed materials, methodologies, frameworks, templates, graphics, software, training content, instructional materials, educational pathways, processes, trademarks, and know-how.
The Client retains ownership of materials it provides to EES.
Unless otherwise agreed in writing, payment for customized services does not transfer ownership of EES's underlying methods, templates, systems, or intellectual property.
If the Client provides suggestions or feedback, the Client grants EES permission to use that feedback to improve its products and services without compensation or obligation.
8. Confidentiality
Each party may receive non-public business, operational, technical, financial, or other confidential information from the other.
Each party agrees to use the other party's confidential information only as reasonably necessary to perform or receive the applicable services and to protect it using reasonable care.
Confidential information does not include information that:
Is publicly available through no wrongful act of the receiving party.
Was already lawfully known to the receiving party.
Is independently developed without use of the confidential information.
Is lawfully obtained from a third party without a confidentiality obligation.
If PHI is involved, applicable HIPAA requirements will be addressed through a BAA where required.
9. Training and Clinical Disclaimer
EES provides educational, operational, and professional-development services.
Recommendations and educational materials are based on professional experience, available information, industry practices, and the circumstances of the engagement.
EES does not guarantee any specific financial, operational, staffing, productivity, clinical, accreditation, credentialing, or regulatory outcome.
Training delivered by EES does not replace the Client's obligation to independently determine whether an employee or other individual is competent, appropriately trained, appropriately supervised, credentialed, licensed where required, or authorized to perform a particular task.
The Client remains responsible for patient care and for implementation decisions following an EES engagement.
EES materials are not legal advice.
10. Limitation of Liability
To the maximum extent permitted by law, EES will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, revenue, data, business opportunity, goodwill, or anticipated savings, arising from or related to an offering.
To the maximum extent permitted by law, EES's total aggregate liability arising from a particular offering will not exceed the fees actually paid by the Client to EES for the specific offering giving rise to the claim during the six months preceding the event giving rise to the claim.
Nothing in these Terms excludes liability that cannot lawfully be excluded or limited.
11. Indemnification
The Client agrees to indemnify and hold harmless EyeCare Efficiency Solutions, LLC and its owners, officers, contractors, and representatives from third-party claims, liabilities, damages, and reasonable expenses arising from:
The Client's misuse of an EES offering.
The Client's violation of applicable law.
Patient-care decisions or clinical activities under the Client's responsibility.
Materials or information supplied by the Client that infringe another person's rights.
Unauthorized disclosure of PHI or other sensitive information by the Client or its personnel.
The Client's failure to appropriately supervise, credential, authorize, or evaluate its personnel.
This obligation does not apply to the extent a claim is directly caused by EES's gross negligence or willful misconduct.
12. Governing Law and Disputes
Before initiating formal legal proceedings, the parties agree to attempt in good faith to resolve disputes through written notice and a management-level discussion.
Unless otherwise agreed in writing, these Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to conflict-of-laws principles.
Any legal action arising from these Terms will be brought in an appropriate state or federal court located in Lehigh County, Pennsylvania, to the extent permitted by law, and the parties consent to jurisdiction and venue there.
13. Force Majeure
EES will not be responsible for delays or failure to perform resulting from circumstances beyond its reasonable control, including severe weather, travel interruption, natural disaster, epidemic or pandemic, illness, labor disruption, acts of government, power outage, internet outage, telecommunications failure, or similar events.
Where commercially reasonable, EES will attempt to reschedule or otherwise adjust affected services.
14. Changes to These Terms
EES may update these Terms from time to time.
Updated Terms will apply to future purchases and engagements and, where legally permitted, to continued use of applicable offerings after the effective date of the updated Terms.
15. Contact
Questions regarding these Terms may be directed to:
EyeCare Efficiency Solutions, LLC
Email: info@eyecare-efficiency.com -
Effective Date: August 7, 2026
These EES Competency Hub Terms of Service ("Hub Terms") govern access to and use of the EES Competency Hub ("Competency Hub," "Hub," or "Platform"), operated by EyeCare Efficiency Solutions, LLC ("EES," "we," "us," or "our").
These Hub Terms apply to organizations that subscribe to or receive access to the Hub ("Organizations" or "Clients") and the individual administrators, employees, contractors, trainees, evaluators, and other users who access the Hub ("Users").
By creating an account, accepting an invitation, purchasing a subscription, or accessing or using the Hub, you agree to these Hub Terms.
If an Organization enters into a separate written subscription agreement, order form, statement of work, or other agreement with EES, that agreement will control to the extent it expressly conflicts with these Hub Terms.
1. Purpose of the Competency Hub
The EES Competency Hub is a workforce training, learning, assessment, competency-management, and documentation platform.
Depending on the applicable subscription and configuration, the Hub may allow Organizations to:
Create and manage users.
Assign learning pathways.
Deliver educational content.
Track training progress.
Conduct assessments.
Record evaluations.
Document coaching or competency sign-offs.
Generate completion certificates.
Review organizational training activity.
Maintain workforce training histories.
Access educational resources and help content.
The Platform is intended to support workforce education and documentation.
It is not an electronic medical record, patient-care system, medical device, clinical decision-support system, credentialing authority, licensing authority, or substitute for professional supervision.
2. Organization and Administrator Responsibility
An individual who creates or administers an Organization account represents that they are authorized to act on behalf of that Organization for purposes of administering the Hub.
Organizations are responsible for:
Determining which individuals may access their account.
Assigning appropriate roles and permissions.
Removing access when a User no longer requires it.
Maintaining accurate organizational information.
Ensuring use of the Hub complies with applicable employment, privacy, healthcare, and other laws.
Establishing their own competency standards and clinical policies.
Maintaining any additional records required by law, accreditation standards, credentialing requirements, or internal policy.
Practice Administrators and other authorized roles may be able to create, modify, assign, evaluate, sign off on, or view User training records according to their permissions.
3. User Accounts and Security
Users must provide accurate account information and maintain the confidentiality of their login credentials.
Accounts are intended for individual use unless EES expressly authorizes another arrangement.
Users may not share passwords or permit unauthorized individuals to use their accounts.
Organizations and Users must promptly notify EES if they know or reasonably suspect that:
Login credentials have been compromised.
An unauthorized individual has accessed the Hub.
An account has been used improperly.
A security incident involving the Hub may have occurred.
EES may require password resets, suspend accounts, revoke sessions, or take other reasonable security measures when necessary to protect the Platform or its Users.
4. Roles and Permissions
The Hub may use role-based access controls.
Available roles and permissions may change as the Platform develops.
Organizations are responsible for assigning roles appropriate to their personnel and operations.
A User's ability to view, create, modify, approve, evaluate, assign, or delete information depends on the permissions associated with that User's role.
EES may modify role definitions or permission structures to improve security, usability, or Platform functionality.
5. Training Records and Competency Determinations
The Hub provides tools for documenting education, assessment, coaching, evaluation, and competency-related activities.
A record, evaluation, sign-off, pathway completion, badge, or certificate generated through the Hub does not independently establish that an individual is clinically competent, legally authorized, appropriately licensed, credentialed, privileged, or qualified to perform any procedure or patient-care activity.
A sign-off reflects information entered or approved by the applicable evaluator or Organization.
The employing or supervising Organization remains solely responsible for:
Establishing competency standards.
Selecting qualified evaluators.
Verifying practical performance.
Determining employee competency.
Establishing scope of duties.
Determining supervision requirements.
Credentialing and privileging where applicable.
Compliance with applicable law and professional standards.
Patient safety and patient care.
Certificates generated by the Hub document completion of designated activities. They do not constitute professional certification, licensure, or independent credentialing unless EES expressly states otherwise in writing for a specific program.
6. No Patient Information or PHI
The EES Competency Hub is not intended to store patient records or Protected Health Information ("PHI").
Unless EES expressly authorizes such use in writing and any legally required agreements have been executed, Users may not enter or upload patient-specific information to the Hub.
Prohibited patient information includes, without limitation:
Patient names
Medical record numbers
Dates of birth
Patient photographs or diagnostic images
Patient charts
Patient contact information
Identifiable diagnosis or treatment information
Other information constituting PHI
Organizations are responsible for instructing their Users regarding this restriction.
If a User inadvertently enters patient information into the Hub, the Organization should notify EES promptly so appropriate action can be considered.
7. Acceptable Use
Organizations and Users may use the Hub only for lawful internal training, education, workforce-development, competency-management, and related business purposes.
Users may not:
Use another person's account without authorization.
Share credentials with unauthorized persons.
Circumvent access controls or security restrictions.
Attempt to obtain unauthorized access to another Organization's information.
Probe, scan, or test the Platform for vulnerabilities without EES's written authorization.
Introduce malicious code, malware, ransomware, or harmful content.
Interfere with Platform performance or availability.
Use automated scraping or extraction tools except where expressly authorized.
Reverse engineer the Platform except to the extent such restriction is prohibited by law.
Copy, reproduce, resell, sublicense, or commercially exploit EES content without authorization.
Upload material that infringes intellectual-property rights.
Upload unlawful, defamatory, threatening, discriminatory, or malicious content.
Use the Platform to store patient medical records or PHI except where expressly authorized under Section 6.
Misrepresent training completion, evaluator approval, competency status, or other records.
8. Organization Data
Organizations and Users retain their respective rights in information they lawfully provide to the Hub ("Organization Data").
The Organization grants EES a limited right to host, process, reproduce, transmit, display, back up, and otherwise use Organization Data as reasonably necessary to operate, secure, support, and improve the Platform and fulfill EES's contractual obligations.
EES does not acquire ownership of an Organization's underlying business or personnel information merely because it is stored in the Hub.
Organizations represent that they have the authority necessary to provide Organization Data to EES and to direct EES to process that information through the Platform.
9. Aggregated and De-Identified Information
EES may create and use statistical, aggregated, or de-identified information derived from Platform usage for purposes such as:
Improving the Hub.
Understanding feature usage.
Measuring Platform performance.
Developing new functionality.
Business planning.
Security and reliability analysis.
Such information will not be used in a manner intended to identify an individual User or disclose an Organization's confidential information.
10. EES Intellectual Property
The Competency Hub and its underlying software, interfaces, graphics, workflows, learning pathways, training materials, help guides, documentation, methods, templates, branding, and other EES-created materials are owned by or licensed to EES and are protected by applicable intellectual-property laws.
Subject to payment of applicable fees and compliance with these Hub Terms, EES grants the Organization and its authorized Users a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Hub for authorized internal business purposes during the applicable subscription or access period.
No ownership interest in EES technology or content is transferred to the Organization.
11. Organization-Provided Content
An Organization may be permitted to create or upload practice-specific materials, procedures, instructions, pathways, or other content.
The Organization retains its rights in that content.
The Organization is responsible for ensuring it has the right to upload and use such materials.
EES does not assume responsibility for the accuracy, clinical appropriateness, legality, or completeness of Organization-provided content.
12. Subscription Plans and Features
The Hub may be offered through different subscription tiers, including plans with different features, limits, content, support levels, administrative capabilities, or other functionality.
The features included in a subscription are those identified in the applicable order, proposal, subscription page, or other written description at the time of purchase.
EES may add, modify, improve, replace, or discontinue individual features over time.
EES will not intentionally remove the core functionality of a paid subscription during an active paid term without providing commercially reasonable notice where appropriate.
Certain new or advanced functionality may require an upgraded subscription.
13. Fees and Billing
Subscription fees, billing periods, renewal terms, included features, and User or Organization limits will be stated at purchase or in the applicable order form or agreement.
Unless otherwise stated:
Fees are charged according to the selected subscription arrangement.
Applicable taxes are the responsibility of the Organization.
Past-due balances may result in suspension of access.
Fees already paid are non-refundable except where expressly stated in writing or required by law.
An Organization may not avoid payment obligations by failing to use the Platform after access has been provided.
14. Cancellation and Termination
Subscription cancellation procedures and effective dates will be stated in the applicable subscription or order documentation.
Cancellation generally stops future renewal but does not retroactively cancel fees already earned or incurred.
Upon termination or expiration:
User access may be disabled.
Organization administrators should preserve or export records they are required to maintain.
EES may retain certain data as described in its Privacy Policy or as required for legal, contractual, billing, security, backup, or dispute-resolution purposes.
Organizations are responsible for maintaining any separate copies of training or employment records required by law, accreditation requirements, internal policy, or other obligations.
15. Suspension
EES may temporarily suspend some or all access to the Hub when reasonably necessary because of:
Non-payment.
Suspected unauthorized access.
Security threats.
Violation of these Hub Terms.
Use creating a risk to the Platform or other customers.
Legal or regulatory requirements.
Technical emergencies.
When commercially reasonable, EES will attempt to address the issue with the affected Organization.
16. Platform Availability and Maintenance
EES works to maintain reliable access to the Competency Hub but does not guarantee uninterrupted or error-free operation unless a separate written service-level agreement expressly provides otherwise.
The Platform may occasionally be unavailable because of:
Planned maintenance.
Emergency maintenance.
Software updates.
Internet or telecommunications disruption.
Cloud-provider disruption.
Security events.
Third-party provider failures.
Events beyond EES's reasonable control.
EES may perform maintenance and deploy updates as reasonably necessary to maintain and improve the Platform.
17. Third-Party Infrastructure and Content
The Hub depends on third-party technology providers for functions that may include hosting, database services, authentication, file storage, email delivery, analytics, networking, and other infrastructure.
The Hub may also contain links to or embedded content from third parties, including educational videos or external websites.
Third-party services and content may be governed by separate terms and privacy policies.
EES is not responsible for the independent operation, content, availability, or policies of third-party services that it does not control.
18. Security
EES maintains reasonable administrative, technical, and organizational safeguards designed to protect Platform information.
No internet-based service can guarantee absolute security.
Organizations are responsible for:
Maintaining secure user devices and networks.
Assigning appropriate permissions.
Protecting account credentials.
Promptly terminating access for former or unauthorized personnel.
Ensuring that only appropriate information is entered into the Platform.
If a security incident involving information maintained by EES requires notification under applicable law or a written agreement, EES will provide notification as required by those obligations.
19. Preview, Pilot, Beta, and Test Features
EES may provide access to preview, pilot, beta, demonstration, sandbox, or other pre-release functionality.
Such functionality may be incomplete, modified, reset, withdrawn, or discontinued.
Unless expressly stated otherwise, pilot, demonstration, sandbox, or beta environments should not be treated as an Organization's sole official system of record.
Organizations participating in testing should maintain separate copies of information they consider critical.
Pre-release features may contain errors and are provided for evaluation and feedback.
20. Feedback
If an Organization or User provides suggestions, ideas, enhancement requests, or other feedback regarding the Hub, EES may use that feedback to develop or improve its products and services without restriction or obligation to compensate the person providing it.
Feedback does not transfer ownership of an Organization's confidential information to EES.
21. Confidentiality
EES and the Organization may each receive non-public confidential information from the other.
Each party will use reasonable care to protect confidential information and will use it only as reasonably necessary for the applicable business relationship.
This section does not apply to information that is lawfully public, independently developed, or lawfully received without a confidentiality obligation.
22. Disclaimer of Warranties
To the maximum extent permitted by law, the Hub is provided on an "as available" basis.
EES does not warrant that the Platform will be uninterrupted, completely error-free, or suitable for every particular regulatory, accreditation, credentialing, employment, or clinical purpose.
The Organization is responsible for determining whether the Hub meets its own operational, regulatory, documentation, and record-retention requirements.
EES does not guarantee that use of the Hub will produce any particular clinical, financial, operational, staffing, training, competency, or compliance outcome.
23. Limitation of Liability
To the maximum extent permitted by law, EES will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from or related to the Hub, including loss of profits, revenue, goodwill, business opportunity, or data.
To the maximum extent permitted by law, EES's total aggregate liability arising from or related to the Hub will not exceed the fees actually paid by the applicable Organization to EES for the Hub during the six months preceding the event giving rise to the claim.
Nothing in these Hub Terms limits liability that cannot legally be excluded or limited.
24. Indemnification
The Organization agrees to indemnify and hold harmless EyeCare Efficiency Solutions, LLC and its owners, officers, contractors, and representatives from third-party claims, liabilities, damages, and reasonable expenses arising from:
The Organization's or its Users' misuse of the Hub.
Violation of these Hub Terms.
Violation of applicable law.
Unauthorized submission of PHI or sensitive information.
Organization-provided content.
Employment, supervision, credentialing, competency, or patient-care decisions made by the Organization.
False or inaccurate training, evaluation, or competency records entered by the Organization or its Users.
This obligation does not apply to the extent a claim is directly caused by EES's gross negligence or willful misconduct.
25. Governing Law and Dispute Resolution
Before filing a formal legal claim, EES and the Organization agree to attempt in good faith to resolve the matter through written notice and a management-level discussion.
Unless otherwise agreed in writing, these Hub Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to conflict-of-laws principles.
Any legal action relating to these Hub Terms will be brought in an appropriate state or federal court located in Lehigh County, Pennsylvania, to the extent permitted by law, and the parties consent to jurisdiction and venue there.
26. Changes to the Hub Terms
EES may modify these Hub Terms as the Platform, business, or applicable requirements evolve.
The current version will be posted with its Effective Date.
For material changes affecting an active paid subscription, EES may provide additional notice where appropriate.
Continued use of the Hub after updated terms become effective constitutes acceptance to the extent permitted by law.
27. Contact
Questions regarding the Competency Hub or these Hub Terms may be directed to:
EyeCare Efficiency Solutions, LLC
Email: info@eyecare-efficiency.com