Terms and Conditions
These Terms and Conditions ("Terms") govern access to and use of the OcuWin website and application (the "Service"), provided by Cooper Global Holdings LLC, doing business as OcuWin ("OcuWin," "we," "us"). By using the Service, you agree to these Terms. If you use the Service for a practice or other organization, you accept these Terms for that organization ("Customer").
1. The Service
OcuWin is software for ophthalmology practices to track referrals, outside records, surgical cases, and lost-to-follow-up patients, and to communicate with staff and referring offices. A separate written agreement with a Customer, including any order form or Business Associate Agreement, controls if it conflicts with these Terms.
2. Accounts and access
- Access is by invitation only. Each user must have their own account and must not share sign-in credentials or verification codes.
- Users must complete two-step sign-in and keep their email account and authenticator app secure.
- Customers are responsible for the users they invite, the access levels they assign, and removing access when a user leaves.
- Tell us right away at care@gocooper.net if you suspect unauthorized access.
3. Customer data and patient information
Customers own the data they enter. Customers grant us the rights needed to host, process, and display that data to provide the Service. Customers must not enter protected health information until a Business Associate Agreement with OcuWin is signed. Customers are responsible for having the rights and consents needed to enter and use their data in the Service.
4. Acceptable use
You agree not to:
- Access another practice's data or try to get around access controls or security features.
- Reverse engineer, copy, resell, or build a competing product from the Service.
- Upload malicious code, overload the Service, or interfere with its operation.
- Use the Service for any unlawful purpose or in violation of patient privacy laws.
5. AI features
The Service includes an AI assistant and AI support features. Their answers may be incomplete or wrong and should be checked before you rely on them. Do not include patient information in questions to the assistant. We log assistant questions and review them to improve the Service.
6. Not medical advice
OcuWin is a workflow and communication tool. It does not provide medical advice, diagnosis, or treatment. All clinical decisions remain the responsibility of the Customer and its licensed providers.
7. Intellectual property
The Service, including its software, design, and content, and the OcuWin name and logo, are owned by Cooper Global Holdings LLC and protected by intellectual property laws. Except for the limited right to use the Service under these Terms, no rights are granted. If you send us feedback, we may use it without obligation to you.
8. Fees
Fees, billing terms, and subscription periods are set out in the Customer's order form or agreement.
9. Confidentiality
Each party will protect the other party's non-public information with reasonable care and use it only for purposes of the Service.
10. Suspension and termination
We may suspend access to protect the Service or other Customers, or if these Terms are violated. Either party may end the relationship as set out in the Customer's agreement. On termination, the Customer may request an export of its data within 30 days, after which we may delete it, subject to any Business Associate Agreement.
11. Disclaimers
Except as stated in a written agreement, the Service is provided "as is" and "as available," without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted or error free.
12. Limitation of liability
To the fullest extent permitted by law, OcuWin will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data. OcuWin's total liability for any claim relating to the Service will not exceed the amounts the Customer paid for the Service in the 12 months before the claim.
13. Indemnity
The Customer will defend and indemnify OcuWin against third-party claims arising from the Customer's data or its users' violation of these Terms or applicable law.
14. Governing law
These Terms are governed by the laws of the State of Texas, without regard to its conflict of law rules. Any dispute will be brought in the state or federal courts located in Dallas County, Texas.
15. Changes
We may update these Terms from time to time. We will post the updated Terms here with a new effective date. Continued use of the Service after the update means you accept the updated Terms.
16. Contact
Cooper Global Holdings LLC, doing business as OcuWin
Email: care@gocooper.net