REQUIRMENTS FOR USE:
This application requires the user to maintain an active Apple ID capable of purchasing subscription based apps within the Apple iTunes App store. This application requires Wi-Fi connectivity. To print items, the application requires a separate iPad compatible printer capable of using an iPad’s AirPrint functionality. To digitally store items, the application requires the user to maintain an active, separate cloud service provider account with Google Drive or Box.
This application is intended to aid optometrists, ophthalmologists, and opticians in selling eyewear items to their patients or customers. This application does not replace the medical or healthcare decision making process that providers use in determining the safest and best possible treatment modalities for their patients or customers.
ACCEPTANCE OF TERMS:
If you do not wish to be bound by our terms and conditions, do not accept the terms (or terms and conditions) and discontinue using and accessing the Optical Sidekick immediately.
CHANGES TO TERMS:
Whoa Co., LLC, the owners of the Optical Sidekick application, reserve the right, to change or replace the agreement/terms/terms and conditions at any time. Such changes will be effective immediately upon publication of the modified terms and conditions to this site.
As a condition to use the Optical Sidekick application, you must create an account and register within the application. As an account based application, an association must be made and maintained between the application administrator, all users, the iPad(s) in use and the account being accessed. The application will require you to create a user name, password, and enter your valid email address. We also need to register the user’s iPad to the linked account. The above registered data allows you to access your account and allows us to display your appropriate data linked with your account.
LIABILITY & SUPPORT:
This application and its owners are not responsible or liable for any treatment and/or optical purchasing decisions made by any customers or patients. While information may be presented via the Optical Sidekick application, this information is intended as a reference and the ultimate treatment decisions are between the provider and the patient or customer.
Optical Sidekick and its owners do not guarantee against and assume no liability for errors, omissions, delays, failures, interruptions, or corruption or loss of any data that should occur during data transmission or storage.
We make no representations or warranties about the availability, accuracy, reliability, completeness, quality, performance, suitability or timeliness of this application or its content, including the software, text, graphics, links, or communications provided on or through the use of this application.
This application and its owners make no representations or warranties about the satisfaction of this application meeting the state or federal government required healthcare privacy laws or HIPAA regulations.
As the owners of the Optical Sidekick application, we have no obligation to provide technical support or maintenance for this application. At any time and for any reason, without notice or liability, we may modify or discontinue the application.
You hereby indemnify and hold Whoa Co., LLC and Optical Sidekick and all of its officers, directors, employees, owners, agents, information providers, affiliates, and licensors harmless from and against all claims, suits, losses, costs, and expenses (including attorney’s fees) incurred by Whoa Co., LLC and/or Optical Sidekick or any Representative in connection with any claim arising out of:
• Your use of the Optical Sidekick application
• Any use or alleged use of your account or your password by any person, whether or not authorized by you.
• Your connection to the Optical Sidekick application via the Internet
• Your violation of these terms and conditions
• The accuracy, quality, or performance of the Optical Sidekick application/services.
You agree that any dispute, claim, or controversy arising out of or relating in any way to Whoa Co., LLC and/or Optical Sidekick, these terms and conditions, and the arbitration agreement, shall be determined by binding arbitration. The arbitration will be governed by the Commercial Arbitration Rules of the American Arbitration Association.
THIRD PARTY ACCOUNTS:
Links within this Optical Sidekick application to third parties or their websites or cloud hosting platforms or email accounts are provided for your convenience and do not, in any way, mean we endorse, sponsor, or recommend any third party material, product or service. This application and its owners are not responsible for and do not assume any liability with respect to transferring, storing, securing, or privacy protecting any content generated from within this application that is then transferred, stored, or transmitted to a third party. This application and its owners are not responsible for and do not assume any liability to ensure that third parties meet the HIPAA regulations or requirements associated with the transfer or storage of protected health information. If a user elects to transfer or store data generated from within the Optical Sidekick application, (such as generated receipts/invoices) to a third party email or third party cloud storage platform, the user should disclose to the third party that said user’s content will contain potential protected health information that is subject to HIPAA privacy and security regulations. The user should independently obtain a business associates agreement with the said third party provider and should thoroughly discuss and confirm with the third party that the selected third-party platform is designed to meet the legal HIPAA requirements for transporting and storing protected healthcare information.
THIRD PARTY EMAIL FUNCTION AS IT RELATES TO HIPAA:
The Optical Sidekick application has an email function. The field allowing for the customer’s or patient’s email address should be left blank, unless the patient specifically asks the health care entity to send them a copy of their receipt via the application’s unencrypted email service. In the event the patient asks for a copy of their receipt to be emailed via the Optical Sidekick application, the user of the application should always immediately disclose (1) that the Sidekick application’s email is not encrypted or secure (2) that the email contains protected health information (PHI) and (3) that there is a possibility that the information could be intercepted and read by other parties besides the person to whom the email is addressed.
If the patient agrees to the above terms, the email field can be entered and a copy of the generated receipt will be automatically emailed to the patient when the application is closed or the receipt is saved to a cloud service provider’s account. If the patient or the user of the application does not agree to these terms, the email field should be left blank in order to not send a copy of the receipt via an automatic email.
The email service is provided by Gmail, an email service operated by Google, Inc. Whoa Co., LLC, the owners of Optical Sidekick, maintain a business associate’s agreement with Google and Gmail in regards to emailed PHI through these services. We do not store or save generated or sent emails via this service. We advise consulting your HIPAA specialist to see if your entity should also have a BAA for these services.
Whoa Co. LLC, the owners of the Optical Sidekick application, recommend discussing the use of unencrypted email to send PHI with your HIPAA officer and/or an attorney specializing in HIPPA and electronic PHI transmission. For your review we have posted information in regards to this topic below:
Currently, as of September 19, 2017, The Office for Civil Rights of the Department of Health and Human Services (who oversees HIPAA) notes that “an individual has the right under the Privacy Rule to request and have a covered health care provider communicate with him or her by alternative means, or at alternative locations, if reasonable. See 45 C.F.R. 164.522(b). For example, a health care provider should accommodate an individual’s request to receive appointment reminders via e-mail, rather than a postcard, if e-mail is a reasonable, alternative means for that provider to communicate with the patient. By the same token, however, if the use of unencrypted e-mail is unacceptable to a patient who requests confidential communications, other means of communicating with the patient, such as by more secure electronic methods, or by mail or telephone, should be offered and accommodated.”
Furthermore, The Office for Civil Rights of the Department of Health and Human Services states “The Privacy Rule allows covered health care providers to communicate electronically, such as through e-mail with their patients, provided they apply reasonable safeguards when doing so. See 45 C.F.R.164.530(c). For example, certain precautions may need to be taken when using e-mail to avoid unintentional disclosures, such as checking the e-mail address for accuracy before sending, or sending an e-mail alert to the patient address prior to sending the message. Further, while the Privacy Rule does not prohibit the use of unencrypted e-mail for treatment-related communications between health care providers and patients, other safeguards should be applied to reasonably protect privacy, such as limiting the amount or type of information disclosed through the unencrypted e-mail. In addition, covered entities will want to ensure that any transmission of electronic protected health information is in compliance with HIPAA Security Rule requirements at 45 C.F.R. Pat 164, Subpart C.”
Additionally, the Office for Civil Rights notes “The Security Rule does not expressly prohibit the use of email for sending e-PHI. However, the standards for access control (45 CFR 164.312(a)), integrity (45 CFR 164.312(c)(1)), and transmission security (45 CFR 164.312(e)(1)) require entities to implement policies and procedures to restrict access to, protect the integrity of, and guard against unauthorized access to e-PHI. The standard for transmission security (164.312 (e)) also includes addressable specification for integrity controls and encryption. This means that the covered entity must assess its use of open networks, identify the available and appropriate means to protect e-PHI as it is transmitted, select a solution, and document the decision. The Security Rule allows for e-PHI to be sent over an electronic open network as long as it is adequately protected.”
TERMINATION OF APPLICATION:
We, the owners of the Optical Sidekick application, reserve the right to terminate the application at any time. Furthermore, we reserve the right to sell the application and/or its software and/or related content to a third party if desired.
SUBSCRIPTION AND COSTS:
This application will allow for a free trial period. However, at the conclusion of the trial period, the user will have a recurring subscription cost that is charged automatically, systematically and periodically throughout the year via the Apple iTunes App Store until the subscription is cancelled.
The free one month trial can vary between 28 days and 31 days. Auto-renewable subscriptions are based on the calendar date, rather than the number of days in a month. If a customer begins a one month free trial on January 7th, the trial ends on February 7th.
If the one month trial begins on a date that does not occur in the following month, the trial will end on the last day of the next month. For example, if a customer begins a one month free trial on January 30, their trial ends on February 28 (or February 29 in a leap year).
Continued, ongoing, access to the Optical Sidekick application requires an active subscription. You will continue to be charged via your Apple iTunes account until you cancel your subscription. You must cancel your subscription before it renews each month in order to avoid paying for the next month’s subscription costs/fees.
Auto-renewable subscriptions renew on the same day as the original purchase. For example, if a monthly auto-renewable subscription is purchased on September 9, then it will auto-renew on October 9. In cases where the original purchase happens on a day that doesn’t exist for certain months, then the subscription will auto-renew on the last day of those months, and returns to the original date in the subsequent months.
For example, if the purchase happens on October 31, it will auto-renew on November 30 for the next month, but will return to renewing on December 31 for the following month.
The initial download of the application will allow for the application to be used on 2 iPads. Use on additional iPads will require an additional subscription purchase with additional, reoccurring fees. Additional iPad subscriptions can be set up as an in application purchase. This function occurs from within the Optical Sidekick application via the Device Management menu tab.
Fees paid for any subscription term are paid in advance and are not refundable in whole or in part.
CANCELLING THE SUBSCRIPTION:
The subscription can be cancelled at any time. The process to cancel subscriptions occurs via the iTunes & App Store and, as such, the steps to oversee the cancelation process is largely put in place by Apple. As of September 20, 2017, the steps to cancel our subscription, require you to select “Settings” via your iPad, then select “iTunes & App Store”. Next, select “view Apple ID”. Then, you are usually prompted to sign-in, to manage the iTunes account. Following this step, select “subscriptions” and then select “Optical Sidekick”. Lastly, select the cancel subscription option.
You, the user, agree not to interfere or attempt to interfere with the proper working of this application. You agree to not purposely disrupt the operations or violate the security of the application. You further agree that you will not reproduce, duplicate, copy, sell, resell, or exploit this application, or its content, or its software. You will not use this application for any purpose in violation of local, state, national or international laws. You will not impersonate another person or entity or otherwise misrepresent your affiliation with a person or entity, and/or use or access another user’s account or password without permission. You agree to not copy, decompile, reverse engineer, disassemble, or attempt to derive the source code of this application. You agree to not circumvent, disable, or otherwise interfere with the security related features of the application. You agree to not use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the application. You agree to not harvest, collect or mine information about other users of this application. You agree to not post or transmit any virus, worm, Trojan horse or other harmful or disruptive element. You agree to not violate any applicable law, rule or regulation.
If you submit any information to us related to the application’s performance including information in regards to feedback, ideas, concepts or inventions to better the application’s performance, you agree that such information is not confidential and that you have all necessary permission to submit or otherwise make such information available. In addition, you grant us a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication, content, or idea in any media or medium, or any form, format, or forum now known or hereafter developed, including the right to sublicense through multiple tiers of sublicenses.
Optical Sidekick and its licensors own the application, and related content made available through the application, including proprietary algorithms, and all worldwide intellectual property rights in the foregoing. You may not copy, further develop, reproduce, republish, modify, alter, download, post, broadcast, transmit or otherwise use any material made available in the application. Nothing in this agreement grants you any right to use any logos, trademarks, service marks, or trade names of ours or any third party.