Terms of Use

Acceptance of These Terms

These Terms of Use ("Terms") are a binding agreement between you and Ophthalytics, Inc. ("Ophthalytics," "we," "us," or "our"). Together with our Privacy Notice, they govern your access to and use of our marketing website, including ophthalytics.com and ophlx.com, and any content and features offered on it (the "Site"). Please read these Terms carefully. By accessing or using the Site, you agree to these Terms and our Privacy Notice. If you do not agree, do not use the Site.

Scope. These Terms govern the Site only. Our clinical and diagnostic products and services (such as Ocula360, Nsight360, 2nd Opinion, and Ophthal360) are provided to healthcare providers and organizations under separate written agreements; those agreements—not these Terms—govern access to and use of those products and services.

Who We Are

Ophthalytics provides AI-assisted retinal diagnostic support services. Our current focus is AI-based DRSS (diabetic retinopathy severity scale) scoring to support "second opinion" review of retinal imaging, and we intend to expand to additional diagnostic capabilities over time. Our tools are designed to support—and not to replace—the independent judgment of qualified healthcare professionals.

Eligibility

The Site is intended for users who are at least 18 years old. Our products and services are intended for healthcare providers, organizations, and other professional users, and are currently offered primarily in the United States. By using the Site, you represent that you meet these requirements and that any information you provide is accurate, current, and complete.

No Medical Advice; Informational Purposes Only

Content on the Site—including text, graphics, images, and other materials ("Content")—is provided for general informational purposes only. It is not medical advice and is not a substitute for professional medical advice, diagnosis, or treatment. We do not warrant the accuracy, completeness, usefulness, or adequacy of any Content, and the Site is not designed for time-sensitive or life-critical communications. Always seek the advice of a qualified healthcare provider with any questions you may have regarding a medical condition.

No Physician-Patient Relationship; Emergencies

Your use of the Site does not create a physician-patient relationship between you and Ophthalytics. If you or someone else may be experiencing a medical emergency, call 911 (or your local emergency number) immediately. Never disregard professional medical advice, or delay seeking it, because of something you have read on the Site.

Clinical Decision-Support; Professional Responsibility

Where we provide AI-assisted diagnostic outputs (such as DRSS scoring or second-opinion analysis), those outputs are intended to support clinical decision-making by qualified healthcare professionals. They are not a diagnosis and are not a substitute for independent professional judgment. The treating or reviewing healthcare professional is responsible for evaluating our outputs and for all clinical decisions, diagnoses, and treatment.

Do Not Submit Protected Health Information

Please do not submit protected health information (PHI), patient-identifiable information, or other sensitive personal information through the Site's contact forms, newsletter sign-up, or email. The Site is not intended or configured to receive PHI, and any such information should be exchanged only through the appropriate, separately governed channels.

Healthcare Provider Representations

If you are a healthcare provider, or act on behalf of a healthcare organization, you represent and warrant that you hold all licenses, registrations, rights, consents, and authorizations necessary to collect, use, and disclose any patient information in connection with our products and services, in compliance with the Health Insurance Portability and Accountability Act ("HIPAA") and other applicable privacy and security laws.

Acceptable Use

You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to:

• use the Site in any way that violates any applicable law or regulation;
• impersonate or attempt to impersonate Ophthalytics, an Ophthalytics employee or agent, or any other person or entity;
• transmit advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," or "spam";
• use any robot, spider, scraper, or other automated means to access, monitor, or copy the Site or its content without our prior written consent;
• introduce any viruses, trojan horses, worms, or other material that is malicious or technologically harmful;
• attempt to gain unauthorized access to, interfere with, damage, or disrupt the Site, the servers on which it is hosted, or any connected systems;
• attack the Site through a denial-of-service or distributed denial-of-service attack; or
• otherwise interfere with the proper working of the Site or any other party's use of it.

Intellectual Property

The Site and all Content, features, and functionality—including text, graphics, logos, trademarks, and images—are owned by or licensed to Ophthalytics and are protected by applicable intellectual property laws. You may not copy, reproduce, modify, distribute, or create derivative works from the Site or its Content without our prior written permission. "Ophthalytics" and our product names and logos are our trademarks and may not be used without our permission.

Third-Party Links

The Site may contain links to third-party websites or resources. We provide these for convenience only and are not responsible for the content, products, policies, or practices of any third party. Your use of third-party sites is at your own risk and subject to their terms.

Reliance on Information Posted

The information on the Site is provided for general purposes and may change without notice. Any reliance you place on it is strictly at your own risk, and we disclaim all liability arising from such reliance by you or anyone you may inform of its contents.

Disclaimer of Warranties

THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not warrant that the Site will be uninterrupted, secure, error-free, or free of harmful components.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, OPHTHALYTICS AND ITS OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, PROFITS, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE SITE.

Indemnification

You agree to indemnify and hold harmless Ophthalytics and its officers, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of your use of the Site or your violation of these Terms.

Changes to These Terms

We may revise these Terms from time to time. Changes are effective when posted, and the "Last updated" date above reflects the latest revision. Your continued use of the Site after changes take effect constitutes acceptance of the revised Terms.

Governing Law

These Terms are governed by the laws of the State of Georgia, USA, without regard to its conflict-of-laws principles.

Miscellaneous

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect. Our failure to enforce any provision is not a waiver of it. These Terms, together with our Privacy Notice, constitute the entire agreement between you and Ophthalytics regarding the Site.

Contact Us

Questions about these Terms? Email us at info@ophthalytics.com.