Legal Disclaimer

Effective Date: March 6, 2026
Last Updated: March 6, 2026

This Legal Disclaimer (“Disclaimer”) governs your access to and use of the results of The Optical Practice Efficiency Scorecard survey tool (the “Tool”) made available by Fullsteam Software Holdings LLC DBA Eye Cloud Pro, a Delaware limited liability company (“Company,” “we,” “us,” or “our”), located at https://eyecloudpro.com/practice-efficiency-scorecard/   (the “Site”). By accessing, using, or submitting responses through the Tool, you (“you,” “your,” or “User”) acknowledge that you have read, understood, and agree to be bound by this Disclaimer in its entirety.

If you do not agree to this Disclaimer, you may not use the Tool or submit any survey responses.

  1. AGREEMENT AND ACCEPTANCE

By checking the box labeled “I have read and agree to the Legal Disclaimer and Privacy Policy” (or substantially similar language) and/or by accessing, using, or submitting responses through the Tool, you expressly agree to be bound by all terms and conditions set forth in this Disclaimer.

  • Clickwrap Assent. Your act of checking the agreement box constitutes your electronic signature and your binding acceptance of this Disclaimer. This acceptance is equivalent to a handwritten signature for all legal purposes.
  • Continued Use. Your continued use of the Tool after any updates to this Disclaimer constitutes your acceptance of the revised terms.
  • If you are using the Tool on behalf of a business, practice, or other entity, you represent and warrant that you have the authority to bind that entity to this Disclaimer, and “you” and “your” refer to both you individually and the entity you represent.
  • Age Requirement. You represent that you are at least eighteen (18) years of age or the age of majority in your jurisdiction, whichever is greater.
  1. PURPOSE AND SCOPE OF THIS TOOL

The Tool is an online survey designed to provide a general, high-level indication of operational efficiency for eye care practices (optometry, ophthalmology, and related practices). After you complete the survey, the Tool generates an efficiency score and may provide general observations or suggestions (collectively, the “Results”).The Tool and the Results are provided solely for general informational and educational purposes. They are intended to offer a starting point for your own internal evaluation and are not a substitute for professional advice of any kind.

  1. NOT MEDICAL ADVICE — NO DOCTOR–PATIENT RELATIONSHIP
  • The Tool, the Results, and all content on the Site are not medical advice. Nothing provided through the Tool is intended to diagnose, treat, cure, or prevent any disease or medical condition, or to serve as a recommendation regarding any clinical decision.
  • No doctor–patient relationship is created between you (or any patient of your practice) and the Company by your use of the Tool, your receipt of Results, or any other interaction with the Site.
  • The Tool does not address, evaluate, or make any representation regarding the quality, safety, or appropriateness of clinical care delivered by any practice.
  • You should always seek the advice of qualified healthcare professionals for any questions regarding medical conditions, clinical protocols, or patient care.
  1. NOT BUSINESS, LEGAL, FINANCIAL, BILLING, OR COMPLIANCE ADVICE — NO PROFESSIONAL SERVICES RELATIONSHIP
  • The Tool and the Results do not constitute business advice, legal advice, financial advice, accounting advice, tax advice, billing or coding advice, regulatory compliance advice, practice management consulting, or any other form of professional advice or services.
  • No consulting, advisory, or professional services relationship of any kind is created between you and the Company by your use of the Tool.
  • The Results should not be used as the basis for any business, financial, operational, staffing, billing, coding, compliance, or strategic decision without independent verification and consultation with qualified professionals (e.g., practice management consultants, attorneys, accountants, compliance officers).
  • The Company is not a licensed professional services firm and does not hold itself out as providing professional advisory services through the Tool.
  1. ESTIMATES ONLY — NO GUARANTEES OR WARRANTIES
  • The Results are estimates and general benchmarks only. They are generated from generalized assumptions, limited data points, and the specific information you provide in the survey.
  • We do not guarantee or warrant the accuracy, completeness, reliability, timeliness, or applicability of the Results to your specific practice, circumstances, market, patient population, payer mix, geography, or operational environment.
  • No outcome is guaranteed. We make no representation or warranty that use of the Tool or implementation of any suggestion derived from the Results will lead to any particular outcome, including but not limited to:
    • Increased revenue, profitability, or collections
    • Reduced costs or overhead
    • Improved patient throughput, scheduling efficiency, or wait times
    • Enhanced staff productivity or satisfaction
    • Improved compliance posture
    • Any other operational, financial, or clinical improvement
  • Benchmarks, if any, are based on generalized industry data and may not reflect current conditions, regional variations, specialty-specific factors, or the unique characteristics of your practice.
  1. DEPENDENCE ON USER INPUTS
  • The Results are directly dependent on the accuracy, completeness, and timeliness of the information you provide in the survey.
  • If the information you enter is inaccurate, incomplete, outdated, estimated, or otherwise not reflective of your actual practice operations, the Results may be materially inaccurate, misleading, or inapplicable.
  • “Garbage in, garbage out.” We have no ability to independently verify the information you submit and assume no responsibility for errors, omissions, or misstatements in your responses.
  • You are solely responsible for reviewing the Results in light of your actual practice data and circumstances.
  1. NOT A CLINICAL DECISION-SUPPORT TOOL
  • The Tool is not designed, intended, or authorized for use as a clinical decision-support system (CDSS), diagnostic tool, triage tool, or any tool that informs or influences individual patient care decisions.
  • The Tool does not analyze, process, or evaluate any individual patient data, clinical outcomes, treatment protocols, or care pathways.
  • Do not use the Results to make or influence any clinical decision regarding the diagnosis, treatment, or management of any patient.
  1. EFFICIENCY SCORE LIMITATIONS — NOT AN ENDORSEMENT OR QUALITY-OF-CARE EVALUATION
  • The efficiency score and any related observations reflect a limited set of operational factors based on your survey responses. They do not represent a comprehensive evaluation of your practice.
  • The efficiency score is not and should not be interpreted as:
    • An evaluation or endorsement of the quality of clinical care you provide
    • A measure of patient outcomes or patient satisfaction
    • A compliance rating or audit
    • A financial health assessment
    • An accreditation, certification, or credential of any kind
    • A ranking or comparison against identified peer practices
  • A high score does not mean your practice is without operational issues; a low score does not mean your practice is failing or providing substandard care.
  • No endorsement. The Results do not constitute an endorsement, recommendation, or certification of any practice, provider, product, service, or vendor by the Company.
  1. NO THIRD-PARTY RELIANCE
  • The Tool and the Results are intended solely for the internal informational use of the individual or practice that completed the survey.
  • Third parties should not rely on the Results for any purpose, including but not limited to:
    • Practice valuation, sale, or acquisition decisions
    • Lending, financing, or investment decisions
    • Vendor selection or contracting
    • Insurance underwriting or credentialing
    • Regulatory or compliance assessments
    • Litigation or dispute resolution
  • We disclaim any and all liability to any third party that relies on the Results, whether or not such reliance was foreseeable.
  • You agree not to represent the Results as an independent audit, valuation, certification, or professional assessment when sharing them with any third party.
  1. USE AT YOUR OWN RISK — LIMITATION OF LIABILITY
  • Your use of the Tool is entirely at your own risk.
  • To the maximum extent permitted by applicable law, in no event shall the Company, its officers, directors, employees, agents, affiliates, licensors, or service providers (collectively, the “Company Parties”) be liable to you or any third party for any:
    • Direct, indirect, incidental, special, consequential, punitive, or exemplary damages
    • Loss of profits, revenue, data, goodwill, or business opportunity
    • Cost of procurement of substitute goods or services
    • Business interruption
    • Personal injury or property damage
  • arising out of or in connection with your access to, use of, or inability to use the Tool or the Results, regardless of the theory of liability (contract, tort, negligence, strict liability, warranty, or otherwise), and even if the Company Parties have been advised of the possibility of such damages.
  • Aggregate Liability Cap. If, notwithstanding the foregoing, any Company Party is found liable to you for any claim arising out of or related to this Disclaimer or the Tool, the Company Parties’ total aggregate liability shall not exceed FIFTY DOLLARS ($50.00).
  • Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, the liability of the Company Parties shall be limited to the fullest extent permitted by applicable law.
  1. DISCLAIMER OF WARRANTIES

THE TOOL, THE RESULTS, AND ALL CONTENT ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:

  • IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT
  • WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE
  • ANY WARRANTY THAT THE TOOL WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
  • ANY WARRANTY REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE RESULTS OR ANY CONTENT
  1. PROTECTED HEALTH INFORMATION (PHI) — DO NOT ENTER PATIENT-IDENTIFYING DATA
  • DO NOT enter any patient-identifying information or Protected Health Information (“PHI”) as defined under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and its implementing regulations, or any analogous state or international privacy law, into the Tool.
  • Prohibited information includes, but is not limited to: patient names, dates of birth, Social Security numbers, medical record numbers, health plan beneficiary numbers, account numbers, photographs, biometric identifiers, or any other information that could reasonably be used to identify an individual patient.
  • The Tool is not designed, intended, or configured to receive, store, process, or transmit PHI. The Company does not act as a Business Associate (as defined under HIPAA) with respect to the Tool, and no Business Associate Agreement is in effect between you and the Company in connection with the Tool.
  • If you enter PHI into the Tool in violation of this Disclaimer, you do so at your own risk and sole responsibility. You agree to indemnify and hold harmless the Company Parties from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your entry of PHI into the Tool.
  • You are solely responsible for ensuring your use of the Tool complies with HIPAA, state privacy laws, and all other applicable data protection laws and regulations.
  1. AUTOMATED TOOLS AND ALGORITHM TRANSPARENCY
  • The Results may be generated, in whole or in part, using statistical models, scoring algorithms, automated decision-making tools, and/or artificial intelligence (collectively, “Automated Tools”).
  • Automated Tools operate based on predefined rules, assumptions, and/or machine-learning models. Their outputs:
    • May be incomplete, inaccurate, or not suitable for your specific circumstances
    • May not account for all relevant variables affecting your practice
    • May change over time as models are updated or refined
    • Should not be treated as definitive or authoritative
  • We do not guarantee the performance, accuracy, or reliability of any Automated Tools used in connection with the Tool.
  • The use of Automated Tools does not diminish or alter any other disclaimer, limitation, or exclusion set forth in this Disclaimer.
  1. MARKETING COMMUNICATIONS AND CONTACT CONSENT
  • If you voluntarily provide your name, email address, phone number, practice name, or other contact information in connection with the Tool, you consent to the Company contacting you regarding:
    • Your Results and follow-up information related to the Tool
    • The Company’s products, services, events, and promotional offers
  1. INTELLECTUAL PROPERTY AND OWNERSHIP
  • The Tool, the Site, the Results format and presentation, all underlying algorithms, models, methodologies, software, code, text, graphics, logos, and other content (collectively, “Company IP”) are the exclusive property of the Company or its licensors and are protected by copyright, trademark, trade secret, and other intellectual property laws.
  • Your use of the Tool does not grant you any ownership interest in, or license to, any Company IP except a limited, non-exclusive, non-transferable, revocable right to access and use the Tool for its intended purpose in accordance with this Disclaimer.
  • You may not copy, reproduce, distribute, modify, create derivative works of, publicly display, reverse engineer, decompile, or disassemble any Company IP without the Company’s prior written consent.
  1. INCORPORATION BY REFERENCE
  • This Disclaimer is incorporated by reference into, and forms a part of, any Terms of Use, Terms of Service, or other user agreement governing the Site and/or the Tool (collectively, the “Terms”). In the event of a conflict between this Disclaimer and the Terms, the provision that is more protective of the Company shall control.
  • If no separate Terms exist, this Disclaimer shall serve as the binding agreement between you and the Company governing your use of the Tool.
  • The Privacy Policy and any other policies referenced herein are also incorporated by reference.
  1. CHANGES TO THIS LEGAL DISCLAIMER
  • We reserve the right to modify, amend, or update this Disclaimer at any time, in our sole discretion, by posting the revised version on the Site with an updated “Last Updated” date.
  • Material changes may be communicated through a notice on the Site, via email (if you have provided your email address), or through other reasonable means.
  • Your continued use of the Tool after any changes are posted constitutes your acceptance of the revised Disclaimer. If you do not agree to the revised Disclaimer, you must discontinue use of the Tool immediately.
  • We encourage you to review this Disclaimer periodically.
  1. GOVERNING LAW AND DISPUTE RESOLUTION
  • This Disclaimer and any dispute arising out of or related to the Tool shall be governed by and construed in accordance with the laws of the State of Alabama without regard to its conflict-of-law principles.
  • Exclusive Jurisdiction. You agree that any legal action or proceeding arising out of or related to this Disclaimer or the Tool shall be brought exclusively in the state or federal courts located in Alabama and you consent to the personal jurisdiction of such courts.
  • Waiver of Jury Trial. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND THE COMPANY EACH WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS DISCLAIMER OR THE TOOL.
  1. SEVERABILITY

If any provision of this Disclaimer is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or if modification is not possible, shall be severed from this Disclaimer. The invalidity, illegality, or unenforceability of any provision shall not affect the validity, legality, or enforceability of the remaining provisions, which shall continue in full force and effect.

  1. ENTIRE AGREEMENT

This Disclaimer, together with the Privacy Policy and any other policies or agreements expressly incorporated by reference, constitutes the entire agreement between you and the Company with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written, relating to such subject matter.