Terms of Service

1. Agreement to These Terms

These Terms of Service (“Terms”) form a binding agreement between you and EyeHR, LLC, a Georgia limited liability company (“EyeHR,” “we,” “us,” or “our”), governing your access to and use of our online job board and applicant-tracking service for private-practice optometry, together with our website and any related software, features, and content (collectively, the “Service”).

BY ACCESSING OR USING THE SERVICE, OR BY CLICKING “I AGREE,” YOU AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE, DO NOT USE THE SERVICE.

IMPORTANT: SECTION 16 CONTAINS A BINDING ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.

2. Definitions

• “Practice” means any private-practice optometry employer (and its authorized personnel) that subscribes to or uses the Service to post jobs or review applicants.
• “Job-Seeker” means any individual who uses the Service to search for, apply to, or otherwise interact with positions posted by Practices.
• “User” means a Practice, Job-Seeker, or any other person accessing the Service.
• “Content” means any text, images, files, applications, resumes, postings, messages, or other materials submitted to or made available through the Service.
• “Subscription” means a paid plan that gives a Practice access to subscription-only features of the Service.

3. Eligibility

To use the Service, you must be at least 18 years old (or the age of majority in your jurisdiction, if higher), legally able to enter into a binding contract, and not be barred from using the Service under applicable law.

If you are using the Service on behalf of a Practice or other entity, you represent and warrant that you have full authority to bind that entity to these Terms, and “you” refers to both you individually and that entity.

4. Accounts and Account Security

You may need to create an account to access some features of the Service. You agree to:

• Provide accurate, current, and complete information when registering and keep it updated;
• Keep your login credentials confidential and not share them with any unauthorized person;
• Be responsible for all activity that occurs under your account;
• Notify us promptly at support@eyehr.net of any unauthorized use or suspected breach of security.

We may suspend or terminate your account if we believe these Terms have been violated or if we determine, in our reasonable discretion, that continued access poses a risk to the Service or other Users.

5. Practice Subscriptions and Billing

5.1 Plans

Subscriptions to the Service are offered on a monthly basis. The features included in each plan, and the applicable fees, are described on our website or order page at the time of purchase. We may add, modify, or remove features from time to time.

5.2 Billing and Auto-Renewal

When a Practice purchases a Subscription, the Practice authorizes us (and our payment processor) to charge the payment method on file for the then-current monthly fee, plus applicable taxes. Subscriptions automatically renew each month until cancelled.

Fees are billed in advance for the upcoming monthly period. Except as expressly stated in these Terms or required by law, all fees are non-refundable, and no credits or refunds will be provided for partial months, unused features, or downgrades.

5.3 Self-Serve Cancellation

Practices may cancel a Subscription at any time directly within their account settings, without needing to contact us. Cancellation takes effect at the end of the then-current monthly billing period; the Practice will retain access to subscription features for the remainder of that period and will not be charged for the following month.

5.4 Price Changes

We may change Subscription fees from time to time. For any price increase that will apply to an existing Subscription, we will provide notice (by email to the account’s billing contact or through an in-Service notice) at least thirty (30) days before the change takes effect. If you do not agree to the new price, you may cancel before the change takes effect; your continued use after the change constitutes acceptance.

5.5 Taxes

Fees do not include any sales, use, value-added, or similar taxes. You are responsible for paying all such taxes associated with your purchase, except for taxes based on our net income.

5.6 Payment Processor

Payments are processed by Stripe, our third-party payment processor. Your use of payment-processing services is subject to Stripe’s terms and privacy policy. We do not store full payment-card numbers on our systems.

6. Job-Seeker Use

The Service is free for Job-Seekers. Job-Seekers may search for positions, submit applications, and communicate with Practices through the Service. Job-Seekers are responsible for the accuracy of the information they submit and may update or delete their profile at any time through account settings or by contacting support@eyehr.net.

EyeHR does not employ Job-Seekers and is not a party to any employment relationship that may result from a Job-Seeker’s use of the Service. Employment decisions, including whether to interview, hire, or reject a candidate, are made solely by the Practice.

7. Acceptable Use

You agree not to use the Service to:

• Violate any applicable law, regulation, or third-party right (including intellectual property, privacy, and employment laws);
• Post a job listing for a position that does not exist, or that is materially misleading as to the nature of the position, compensation, location, or employer;
• Discriminate against applicants on the basis of any characteristic protected by federal, state, or local law (including race, color, religion, sex, sexual orientation, gender identity, national origin, age, disability, veteran status, pregnancy, or genetic information);
• Misrepresent your identity, your employment history, your professional credentials, or your authority to represent a Practice;
• Solicit fees, payments, or other consideration from Job-Seekers as a condition of being considered for a position;
• Use the Service to send unsolicited commercial messages, “spam,” or similar communications;
• Scrape, harvest, or otherwise extract data from the Service by automated means, except as expressly permitted by us in writing;
• Reverse-engineer, decompile, or attempt to derive the source code of any part of the Service, except to the extent applicable law expressly prohibits this restriction;
• Interfere with or disrupt the integrity or performance of the Service, including by introducing malware, conducting denial-of-service attacks, or probing security vulnerabilities without authorization;
• Use the Service to build a competing product or service.

We may investigate suspected violations and take any action we consider appropriate, including removing Content, suspending or terminating accounts, and cooperating with law-enforcement authorities.

8. Job Postings and Practice Obligations

Practices are solely responsible for the content and accuracy of their job postings, screening questions, and communications with Job-Seekers. Practices represent and warrant that:

• Each job posting reflects a bona-fide employment opportunity;
• All postings and communications comply with the Equal Employment Opportunity Commission rules, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Fair Labor Standards Act, the Fair Credit Reporting Act (where applicable), and all other federal, state, and local employment, anti-discrimination, and wage-disclosure laws;
• The Practice has all rights necessary to upload, share, and use the Content it submits to the Service;
• The Practice will use applicant information received through the Service only for legitimate employment purposes and will handle it in compliance with applicable privacy and employment laws.

Practices act as independent controllers of the applicant information they receive through the Service. EyeHR is not responsible for a Practice’s use of that information once it has been received.

9. Content and Licenses

9.1 Your Content

You retain ownership of the Content you submit to the Service. By submitting Content, you grant EyeHR a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, copy, transmit, display, and process the Content as necessary to operate, provide, and improve the Service, to make the Content available to the parties you direct (for example, Practices to which a Job-Seeker applies), and to comply with applicable law. This license terminates when the Content is deleted, except to the extent the Content has been shared with others (who retain the rights described in their own agreements and applicable law) or as required for our legitimate record-keeping or legal-compliance purposes.

9.2 Service Materials

The Service and all related software, text, graphics, logos, designs, user interfaces, data, and other materials provided by EyeHR (the “Service Materials”) are owned by EyeHR or its licensors and are protected by intellectual-property laws. Subject to these Terms, EyeHR grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for its intended purpose. No other rights are granted.

9.3 Feedback

If you provide EyeHR with feedback, comments, or suggestions about the Service, you grant EyeHR a perpetual, irrevocable, worldwide, royalty-free license to use the feedback for any purpose without obligation to you.

10. Third-Party Services and Integrations

The Service may interoperate with or include links to third-party services (for example, payment processing, email and SMS delivery, analytics and hosting, and location services). Your use of any third-party service is governed by the third party’s terms and privacy policy. EyeHR is not responsible for any third-party service, and the availability of a third-party service does not constitute our endorsement of it.

11. Modifications to the Service

We may modify, suspend, or discontinue any part of the Service at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service, except as expressly provided in these Terms.

12. Disclaimer of Warranties

THE SERVICE AND ALL SERVICE MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, EYEHR DISCLAIMS ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.

WITHOUT LIMITING THE FOREGOING, EYEHR DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

EYEHR MAKES NO WARRANTY REGARDING THE QUALITY, ACCURACY, OR RELIABILITY OF ANY JOB POSTING, APPLICATION, RESUME, OR OTHER CONTENT SUBMITTED BY USERS, OR REGARDING THE OUTCOME OF ANY EMPLOYMENT DECISION MADE BY A PRACTICE OR THE SUITABILITY OF ANY JOB-SEEKER.

Some jurisdictions do not allow the exclusion of certain implied warranties, so the above exclusions may not apply to you in their entirety.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL EYEHR, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, EYEHR’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO EYEHR FOR THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow limitation of liability for certain damages, so the above limitations may not apply to you in their entirety. The limitations in this Section apply even if a remedy fails of its essential purpose.

14. Indemnification

You agree to defend, indemnify, and hold harmless EyeHR and its affiliates and their respective officers, directors, members, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your access to or use of the Service; (b) Content you submit to the Service; (c) your violation of these Terms or applicable law; or (d) your violation of any third-party right, including any intellectual property, privacy, or employment right.

EyeHR reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you will cooperate in asserting any available defenses.

15. Term and Termination

These Terms remain in effect while you use the Service. You may stop using the Service at any time. Practices may cancel a Subscription as described in Section 5.3.

We may suspend or terminate your access to the Service at any time if (a) we reasonably believe you have violated these Terms; (b) required by law; or (c) we discontinue the Service. We may also terminate inactive accounts. Termination will not relieve you of obligations that by their nature should survive, including ownership provisions, warranty disclaimers, indemnity, limitations of liability, and dispute-resolution provisions.

16. Dispute Resolution; Binding Arbitration; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES MOST DISPUTES TO BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION INSTEAD OF IN COURT, AND IT WAIVES YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION.

16.1 Informal Resolution First

Before initiating arbitration, you and EyeHR agree to attempt to resolve any dispute informally for at least sixty (60) days. To start, send a written notice describing the dispute and the relief sought to support@eyehr.net (or, if from EyeHR to you, to the email address on file for your account).

16.2 Binding Arbitration

If the dispute cannot be resolved informally, you and EyeHR agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (or its Commercial Arbitration Rules where the claimant is a business), as those rules are in effect at the time arbitration is initiated. The arbitration will be conducted by a single arbitrator, in the English language. Unless the parties agree otherwise, the arbitration will be conducted in Atlanta, Georgia, or by remote/video hearing.

The Federal Arbitration Act governs the interpretation and enforcement of this Section. The arbitrator, and not any court, has exclusive authority to resolve any dispute over the formation, scope, or enforceability of this arbitration agreement, except that a court (and not the arbitrator) decides the enforceability of the Class Action Waiver in Section 16.3.

Judgment on the arbitrator’s award may be entered in any court of competent jurisdiction.

16.3 Class Action Waiver

YOU AND EYEHR EACH AGREE THAT DISPUTES MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF MULTIPLE PERSONS AND MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING. IF THIS WAIVER IS HELD UNENFORCEABLE AS TO ANY CLAIM, THEN THAT CLAIM MUST BE SEVERED FROM THE ARBITRATION AND BROUGHT IN A COURT OF COMPETENT JURISDICTION, BUT THE WAIVER WILL REMAIN ENFORCEABLE AS TO ALL OTHER CLAIMS.

16.4 Exceptions

Notwithstanding the foregoing, either party may: (a) bring an individual claim in small-claims court; and (b) seek injunctive or equitable relief in a court of competent jurisdiction to protect intellectual-property rights or prevent misuse of the Service. Disputes about the Class Action Waiver, as described above, will also be decided by a court.

16.5 Opt-Out

You may opt out of the arbitration agreement and class-action waiver in this Section by sending written notice of your decision to opt out to support@eyehr.net within thirty (30) days of first accepting these Terms. Your notice must include your name, the email address associated with your account, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other provision of these Terms.

16.6 Survival

This Section 16 will survive termination of these Terms and your use of the Service.

17. Governing Law and Venue

These Terms and any dispute arising out of or relating to these Terms or the Service are governed by the laws of the State of Georgia, without regard to conflict-of-laws principles, and (where applicable) the Federal Arbitration Act. Subject to Section 16, any judicial action permitted under these Terms must be brought exclusively in the state or federal courts located in Fulton County, Georgia, and the parties consent to the personal jurisdiction of those courts.

18. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will revise the “Last Updated” date above and provide notice through the Service or by email. For Subscriptions, material changes will take effect at the start of the next monthly billing period following notice (unless we indicate otherwise). Your continued use of the Service after the effective date of any change constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service.

19. General Provisions

Entire Agreement. These Terms, together with our Privacy Policy and any order page applicable to your Subscription, constitute the entire agreement between you and EyeHR regarding the Service and supersede all prior or contemporaneous agreements on the subject.

Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

No Waiver. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of that right or provision.

Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign these Terms freely, including to an affiliate or in connection with a merger, acquisition, or sale of assets.

Notices. Notices to EyeHR must be sent to support@eyehr.net or to the mailing address in Section 21. Notices to you may be sent to the email address associated with your account or posted in the Service.

Force Majeure. Neither party will be liable for any delay or failure to perform resulting from causes outside its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, government action, network or utility failures, or pandemic.

Relationship. These Terms do not create any partnership, joint venture, employment, or agency relationship between you and EyeHR.

Headings. Section headings are for convenience only and have no legal effect.

Electronic Signatures. You agree that your electronic acceptance of these Terms has the same legal effect as a hand-written signature.

20. U.S. Government Users

If you are a U.S. federal-government end user, the Service is a “commercial item” as defined in 48 C.F.R. § 2.101. Use, duplication, and disclosure are subject to these Terms.

21. Contact

Questions about these Terms or the Service can be directed to: