01This agreement
OpticianOS is operated by Benjamin Wright, a sole proprietor based in British Columbia, Canada ("OpticianOS", "we", "us"). These terms form an agreement between us and the practice that uses the service ("you", "the practice").
By creating an account or using the platform, you accept these terms. If you are agreeing on behalf of a practice, you confirm you are authorised to bind it. Our Privacy Policy forms part of this agreement.
02Who may use OpticianOS
OpticianOS is for optometry and optical practices and their authorised staff. It is not a consumer product. You must be at least the age of majority in your province and authorised by the practice to use it. Each staff member uses their own account; accounts are not to be shared.
03What the service is
OpticianOS is practice management software covering appointments, patient records, prescriptions, dispensing and work orders, inventory, point-of-sale integration, patient messaging and business analytics. The exact features available may change as the product develops.
OpticianOS is early software. At the date of these terms it is in early private trial. It is not a medical device, it does not practise optometry, and it is not a substitute for a practice's own professional judgement, record-keeping obligations or clinical systems. Please keep this in mind when deciding how much to rely on it.
04Accounts and security
You are responsible for the accounts you create, for the accuracy of the details on them, and for keeping credentials confidential. Set a strong, unique password. Remove staff accounts promptly when someone leaves. Tell us at privacy@opticianos.com as soon as you suspect any unauthorised access, and we will act quickly.
You are responsible for activity that occurs under your accounts, except where it results from our own failure.
05Your responsibilities
You remain responsible for the patient information you put into the platform. In particular:
- Consent and notice. You must have the consents and give the notices that privacy law requires before collecting patient information or contacting patients — including telling patients that a third-party system is used to hold their records.
- Accuracy. Prescriptions, clinical measurements and patient details are entered and checked by you. We do not verify them.
- Regulatory obligations. Your obligations to your regulator — in British Columbia, the College of Optometrists of BC — remain yours, including record retention, record content and patient access.
- Access control. You decide which of your staff can see what, and you are responsible for keeping those permissions appropriate.
- Lawful use. You will use the platform in compliance with applicable law.
06Clinical judgement is yours
Nothing the platform produces — a reminder, a recall list, a suggested action, an analytics figure or an AI draft — is clinical advice. Clinical and dispensing decisions are made by qualified people at your practice, on their own judgement. Do not treat any output of the software as a clinical recommendation, and do not rely on it as the sole basis for a decision affecting a patient's care.
07AI features
The platform includes AI features that assist staff with operational work such as drafting messages and summarising business figures. They are assistive only.
- AI output is a draft and may be wrong. A person must review it before it is sent, published or acted on.
- You are responsible for anything that reaches a patient or the public from your account, whether a person or an AI feature drafted it.
- Patient records are deliberately kept out of reach of AI providers, as described in the Privacy Policy. Do not defeat that by pasting patient details into a free-text field intended for something else.
08Messaging patients
The platform can send text messages to patients on your behalf. You decide who is messaged and on what basis. You are responsible for having the necessary consent, including under Canada's anti-spam legislation (CASL) and applicable privacy law, and for honouring opt-outs.
Messaging must be limited to appointment reminders, recalls, order updates and similar service communications, or genuine marketing to patients who have consented to it. Do not use the platform to send unsolicited commercial messages.
09Connected services
You may connect third-party services such as Google, a payment processor, or an online booking provider. When you do, you authorise us to exchange data with that service to provide the feature, as described in the Privacy Policy.
Those services are provided by their own operators under their own terms, and we do not control them. We are not responsible for a third-party service being unavailable, changing its API, changing its pricing, or terminating your access to it. If a provider withdraws access, the related features may stop working.
10Payments and funds
Where you connect a payment processor, that processor handles the payment. OpticianOS never holds, moves or takes custody of your funds, and does not store customer card numbers. Payouts go from the processor directly to your bank account, on the processor's schedule and subject to the processor's fees and its agreement with you.
Reconciliation figures shown in OpticianOS are for convenience. The processor's own records govern.
11Fees
If your practice is taking part in the private trial, there is no fee for the platform unless we have separately agreed one in writing. We will not begin charging you without at least 30 days' written notice, and you may terminate before any charge takes effect.
Fees charged by third parties you connect — payment processing, messaging, and similar — are yours to pay, whether they are billed to you directly or passed through.
12Your data
Your practice data and your patients' data remain yours. We claim no ownership of it. We use it only to provide and support the service, as set out in the Privacy Policy, and we do not sell it or use it for advertising.
You may request an export of your data at any time, and we will provide it in a machine-readable format within a reasonable period. On termination we make an export available and then delete your data as described in the Privacy Policy.
We may use aggregated, de-identified information that cannot be linked back to you, your practice or any patient to operate and improve the service.
13Acceptable use
You will not:
- Use the platform unlawfully, or to store or transmit anything unlawful
- Attempt to gain unauthorised access to the platform, other practices' data, or the systems it runs on; or probe, scan or test its security without our written permission
- Interfere with or disrupt the service, or place unreasonable load on it
- Copy, resell, sublicense or provide the platform as a service to anyone else
- Reverse engineer or decompile it, except to the extent that restriction is unenforceable by law
- Upload malware, or use the platform to send unsolicited messages
- Remove or obscure any proprietary notice
We license you a non-exclusive, non-transferable right to use the platform for your practice for as long as this agreement lasts. We keep all other rights in the software.
14Availability
We aim to keep the service running and to give notice of planned maintenance where we reasonably can. We do not offer a guaranteed uptime level at this stage, and you should not depend on the platform as the only means of running a clinical session. Keep a workable fallback for the day something is down.
We may change, add or remove features. Where a change would materially reduce functionality you rely on, we will give reasonable notice.
15Warranties
The platform is provided "as is" and "as available". To the fullest extent permitted by law we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the service will be uninterrupted, error-free, or that it will meet your requirements.
Nothing in these terms excludes a warranty or condition that cannot lawfully be excluded.
16Liability
To the fullest extent permitted by law:
- Neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost revenue, lost goodwill or loss of anticipated savings, however caused.
- Our total aggregate liability arising out of or relating to this agreement is limited to the greater of the total fees you paid us for the service in the 12 months before the event giving rise to the claim, or CAD $100.
These limits reflect that the platform is early-stage software provided at little or no charge; without them we could not offer it on that basis. They do not apply to liability that cannot be limited by law, including liability for fraud, for fraudulent misrepresentation, or for death or personal injury caused by negligence.
You are responsible for keeping your own records and complying with your regulator's retention requirements. Do not rely on OpticianOS as your only copy of a clinical record.
17Indemnity
You will indemnify us against claims, losses and reasonable legal costs arising from your use of the platform in breach of these terms or applicable law, from information you put into it, or from your failure to obtain a consent you were required to obtain. We will notify you promptly of any such claim and let you control the defence, so long as any settlement does not impose obligations on us without our agreement.
18Suspension and termination
You may stop using the platform and close your account at any time by writing to us.
We may suspend or terminate access if you materially breach these terms and do not fix it within 14 days of notice, if your use poses a security risk or threatens the service for others, or if we are required to by law. Where we can safely do so, we will give notice first.
We may also discontinue the service as a whole. If we do, we will give at least 60 days' notice and make your data available for export throughout that period.
On termination your licence ends, and sections 12, 15, 16, 17, 20 and 21 survive.
19Changes to these terms
We may update these terms. We will post the revised version here with a new effective date, and for material changes we will notify practices at least 30 days before they take effect. Continuing to use the platform after that means you accept the change; if you do not, you may terminate.
20Governing law
These terms are governed by the laws of the Province of British Columbia and the federal laws of Canada that apply there. The courts of British Columbia have exclusive jurisdiction, and both parties submit to them.
21General
These terms and the Privacy Policy are the entire agreement between us on this subject. If any provision is held unenforceable, the rest continues in force. A delay in enforcing a right is not a waiver of it. You may not assign this agreement without our written consent; we may assign it to a successor of the business on notice to you. Nothing here creates a partnership, joint venture or employment relationship. Notices to us go to privacy@opticianos.com; notices to you go to the email on your account.
22Contact
Questions about these terms: privacy@opticianos.com.