Caribbean Ophthalmics Corp. | eyegoal.com | Complete your enrollment in two steps
Version 2.1 — 2025 · Legally Binding · GDPR & CCPA Compliant · HIPAA Agreement Included · Global Jurisdiction
Terms of Service
1. Parties and Acceptance
This Terms of Service and Acceptable Use Agreement ("Agreement") is a legally binding contract between you, the registering individual or entity ("User"), and Caribbean Ophthalmics Corp., the owner and operator of the EyeGoal platform ("EyeGoal," "we," "us," or "our"), with principal operations in Puerto Rico, United States of America.
By clicking "I Agree," completing registration, or accessing any portion of the EyeGoal platform, you acknowledge that you have read, understood, and agree to be bound by this Agreement in its entirety. If you do not agree, you must immediately cease all access.
This Agreement is enforceable in all jurisdictions where EyeGoal operates, including but not limited to the United States, Puerto Rico, the Dominican Republic, Jamaica, Trinidad and Tobago, Panama, Colombia, Mexico, and all other countries within the Caribbean and Latin American regions, as well as any other jurisdiction from which the platform is accessed.
2. Eligibility and Permitted Users
Access to EyeGoal is strictly limited to:
Licensed optometrists, ophthalmologists, and opticians in active practice
Licensed optical laboratories and their authorized administrative staff
Optical retail businesses and multi-location optical chains
Authorized EyeGoal implementation partners, resellers, and white-label clients under separate written agreement
Administrative, clinical, or operational staff employed by a qualifying optical entity
By registering, you represent and warrant under penalty of law that you meet one of the above categories and that all registration information is accurate, complete, and truthful. Misrepresentation constitutes fraud and breach of this Agreement.
3. Prohibited Users and Unauthorized Access
The following are expressly prohibited from accessing EyeGoal in any capacity, directly or indirectly:
Competing software companies, SaaS platforms, or technology vendors operating in or adjacent to the optical or health technology industry
Market research firms, competitive intelligence agencies, or consultants affiliated with any EyeGoal competitor
Any individual or entity seeking to observe, analyze, benchmark, reverse-engineer, or replicate EyeGoal's features, workflows, UI, data structures, or intellectual property
Any person acting under a false identity, fictitious business name, misrepresented credentials, or VPN/proxy masking intended to disguise true identity or location
Any person or entity whose account was previously terminated for cause
Any individual or entity not actively operating in the optical, ophthalmic, or directly affiliated healthcare industry
Accessing EyeGoal in violation of this section constitutes unauthorized access under the U.S. Computer Fraud and Abuse Act (18 U.S.C. § 1030), EU Directive 2013/40/EU, the UK Computer Misuse Act 1990, and equivalent statutes worldwide. Civil and criminal penalties apply.
4. EyeGoal's Right to Deny, Suspend, and Terminate Access
EyeGoal reserves the unconditional, unilateral right to deny, suspend, restrict, or permanently terminate any account at any time, with or without prior notice, without liability, under any of the following circumstances:
Suspected or confirmed unauthorized competitive analysis, IP observation, or prohibited use
Activity inconsistent with legitimate optical industry practice management
Misrepresentation of identity, credentials, or business affiliation
Violation of any provision of this Agreement
Suspicious, anomalous, or irregular usage patterns detected by staff or automated systems
Risk to platform integrity, data security, other users, or EyeGoal's proprietary information
Credible third-party report or complaint of unauthorized use
EyeGoal's sole determination that continued access is not in the platform's best interest
Termination decisions are final and binding. No refund shall be issued for termination for cause. EyeGoal bears no liability for business losses, data loss, or disruptions resulting from termination.
5. Monitoring, Surveillance, and Intervention Rights
By agreeing to this contract, you grant EyeGoal explicit, informed consent to monitor, log, audit, and analyze all platform activity, including:
Feature access patterns and navigation behavior
Data input, export, search, and retrieval activity
Login times, device identifiers, browser fingerprints, and IP addresses
API calls, integration usage, and third-party connections
Session duration, idle time, and interaction sequences
Any EyeGoal authorized team member who observes or suspects unauthorized or harmful activity has express authority to intervene immediately — including restricting access, locking accounts, deleting the account, or escalating to law enforcement — without prior notice to the User.
Monitoring consent is a material, non-negotiable condition of platform access. If you do not consent to monitoring, you are not authorized to use EyeGoal.
6. Intellectual Property — Ownership and Protection
All content, features, workflows, data structures, interfaces, code, and systems within EyeGoal are the exclusive intellectual property of Caribbean Ophthalmics Corp. Protected assets include:
Platform design, UI/UX architecture, navigation flows, and visual systems
Proprietary algorithms, automation logic, and business intelligence frameworks
Lab communication protocols, EHR integrations, POS workflows, and billing systems
Pricing structures, module configurations, and system documentation
All marketing materials, brand assets, and the EyeGoal trademark and trade dress
Source code, database schemas, data models, and API architecture
Users are granted a limited, non-exclusive, non-transferable, revocable license to use EyeGoal solely for legitimate internal optical industry business operations. No sublicense, assignment, or transfer of this license is permitted.
Unauthorized copying, screen-recording, reverse engineering, decompiling, or replication of EyeGoal's proprietary features constitutes IP theft under U.S. Copyright law (17 U.S.C. §§ 101 et seq.), the DMCA, EU Directive 2009/24/EC, the Berne Convention, TRIPS, and all applicable national IP laws. EyeGoal will pursue injunctive relief, compensatory damages, and all other available legal remedies.
7. Confidentiality and Non-Disclosure
Users agree to keep all non-public EyeGoal information strictly confidential and must not:
Disclose EyeGoal features, workflows, pricing, or architecture to any third party or competitor
Export, share, or transmit platform data or reports to competing platforms or entities
Publish benchmarks, analysis, or comparative studies of EyeGoal for competitive purposes without prior written consent
Fail to implement reasonable security measures preventing unauthorized disclosure
These confidentiality obligations survive termination of this Agreement and remain in effect indefinitely.
8. HIPAA Compliance and Business Associate Agreement
EyeGoal acts as a Business Associate under the Health Insurance Portability and Accountability Act (HIPAA, 45 C.F.R. Parts 160 and 164) when it creates, receives, maintains, or transmits Protected Health Information (PHI) on behalf of a Covered Entity or another Business Associate.
A signed Business Associate Agreement (BAA) is required as a condition of platform access for any User whose use of EyeGoal involves the creation, receipt, maintenance, or transmission of PHI. The BAA is presented as Step 2 of this enrollment and must be executed concurrently with these Terms.
Use of EyeGoal to handle PHI without a fully executed BAA constitutes a violation of HIPAA, may trigger regulatory penalties under 45 C.F.R. § 164.308 et seq., and is grounds for immediate account termination.
9. Data Privacy — GDPR, CCPA, LGPD, and International Compliance
EyeGoal processes personal and business data in accordance with the EU General Data Protection Regulation (GDPR, Regulation 2016/679), UK GDPR, California Consumer Privacy Act (CCPA), Brazil's Lei Geral de Proteção de Dados (LGPD), and applicable local privacy laws.
User-entered data remains the property of the user organization
EyeGoal will not sell personal data to third parties
Anonymized, aggregated usage data may be used internally to improve the platform
EU, UK, and other applicable residents retain rights to access, rectify, and request deletion of personal data
Data Processing Agreements (DPAs) are available upon written request for GDPR compliance purposes
Data breach notifications will be issued per applicable jurisdiction-specific requirements
EyeGoal acts as data processor for user-entered records. The User organization acts as data controller and bears sole responsibility for compliance with applicable local privacy laws governing the data they input.
10. Account Deletion, Blacklisting, and Data Removal
EyeGoal may permanently delete account data, configurations, and records without obligation to preserve or export
Accounts terminated for cause may be permanently blacklisted from re-registration under any name, entity, or email address
Users terminated for cause forfeit all data recovery, export, and portability rights
Voluntary account closure requests must be submitted in writing to legal@eyegoal.com and processed within 30 business days
EyeGoal may retain records as required by applicable law or for active/anticipated legal proceedings
11. Indemnification
You agree to indemnify, defend, and hold harmless EyeGoal, Caribbean Ophthalmics Corp., and their officers, directors, employees, contractors, and agents from any claims, losses, liabilities, damages, costs, or expenses (including attorneys' fees) arising from: your breach of this Agreement; unauthorized or prohibited platform use; violation of any applicable law or third-party right; misrepresentation during registration or use; or any third-party claim resulting from your use of EyeGoal.
12. Limitation of Liability and Disclaimer of Warranties
EyeGoal is provided "as-is" and "as-available." EyeGoal disclaims all express or implied warranties including merchantability, fitness for a particular purpose, title, and non-infringement, and does not warrant uninterrupted or error-free operation. EyeGoal's total aggregate liability for any claim shall not exceed the total fees paid by the User in the three (3) months preceding the claim. EyeGoal is not liable for any indirect, incidental, consequential, special, or punitive damages of any kind.
13. Governing Law, Arbitration, and Jurisdiction
This Agreement is governed by the laws of the Commonwealth of Puerto Rico and the United States of America. Any dispute not resolved informally within 30 days shall be submitted to binding arbitration under the American Arbitration Association (AAA) Commercial Rules, in English, seated in San Juan, Puerto Rico. Arbitration awards are enforceable in any country under the New York Convention (1958).
You irrevocably submit to the personal jurisdiction of the courts of Puerto Rico for all matters not subject to arbitration, and waive any objection based on inconvenient forum, improper venue, or lack of jurisdiction. EU and UK consumer protections that cannot be contractually waived are preserved where mandated by law.
14. Class Action Waiver
To the fullest extent permitted by applicable law, all disputes must be brought individually and not as a plaintiff or class member in any class action, collective proceeding, or representative proceeding. You expressly waive the right to participate in any class action lawsuit or class-wide arbitration against EyeGoal.
15. Entire Agreement, Severability, and Amendments
This Agreement constitutes the entire agreement between User and EyeGoal regarding platform access and supersedes all prior communications. If any provision is found unenforceable, it shall be modified to the minimum extent necessary, and remaining provisions remain in full force. EyeGoal may modify these Terms at any time with at least 14 days' written notice. Continued use following that period constitutes acceptance.
Legal inquiries, violation reports, or account closure requests: legal@eyegoal.com
Acknowledgements
By accepting this Agreement, the User confirms each of the following:
I confirm I am a licensed Eye Care Provider or authorized optical industry professional. I am not accessing this platform on behalf of a competing software company, market research firm, or for competitive intelligence, reverse engineering, or IP observation purposes.
I have read and understand the full EyeGoal Terms of Service, including EyeGoal's right to monitor all usage, intervene without notice, and permanently terminate and delete my account for any violation. I agree to be legally bound.
I acknowledge that violations may result in civil and criminal liability, and that EyeGoal's intellectual property is protected under U.S. law, the Berne Convention, TRIPS, and applicable international law.
HIPAA Business Associate Agreement
Required for all users handling Protected Health Information (PHI).
Preamble
This Business Associate Agreement ("BAA") is entered into between Caribbean Ophthalmics Corp., the operator of the EyeGoal platform ("Business Associate" or "EyeGoal"), and the registering organization ("Covered Entity" or "User"), collectively referred to as the "Parties." This BAA is entered into to comply with the requirements of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), the Health Information Technology for Economic and Clinical Health Act (HITECH), and the regulations promulgated thereunder, including 45 C.F.R. Parts 160 and 164 (the "HIPAA Rules").
This BAA is incorporated into and subject to the EyeGoal Terms of Service Agreement executed in Step 1. Capitalized terms not defined herein shall have the meanings ascribed in the HIPAA Rules.
1. Definitions
Business Associate — Caribbean Ophthalmics Corp. / EyeGoal, a vendor that creates, receives, maintains, or transmits PHI on behalf of the Covered Entity
Covered Entity — The User organization, which is a health plan, healthcare clearinghouse, or healthcare provider that transmits health information electronically
Protected Health Information (PHI) — Individually identifiable health information as defined at 45 C.F.R. § 160.103, including electronic PHI (ePHI)
Breach — The acquisition, access, use, or disclosure of PHI in a manner not permitted by the Privacy Rule which compromises security or privacy, as defined at 45 C.F.R. § 164.402
Security Incident — Any attempted or successful unauthorized access, use, disclosure, modification, or destruction of information or interference with system operations, per 45 C.F.R. § 164.304
2. Permitted Uses and Disclosures by Business Associate
EyeGoal may use or disclose PHI only as necessary to perform its obligations under the EyeGoal Terms of Service and only in the following circumstances:
To provide and operate the EyeGoal practice management platform on behalf of the Covered Entity
For EyeGoal's proper management and administration, or to carry out its legal responsibilities
To provide data aggregation services relating to the healthcare operations of the Covered Entity
As required by law, including for public health activities, as permitted under 45 C.F.R. § 164.512
As directed in writing by the Covered Entity, provided such direction complies with HIPAA
EyeGoal shall not use or disclose PHI in any manner that would violate HIPAA if done by the Covered Entity, except as permitted under this BAA.
3. EyeGoal's Obligations and Activities
EyeGoal agrees to:
Not use or further disclose PHI other than as permitted or required by this BAA or applicable law
Use appropriate safeguards and implement the requirements of 45 C.F.R. Part 164, Subpart C (Security Rule) with respect to electronic PHI to prevent unauthorized use or disclosure
Report to the Covered Entity any use or disclosure of PHI not provided for in this BAA within five (5) business days of becoming aware, including Breaches per 45 C.F.R. § 164.410 and Security Incidents per 45 C.F.R. § 164.314(a)(2)(i)(C)
In accordance with 45 C.F.R. §§ 164.502(e)(1)(ii) and 164.308(b)(2), ensure that any subcontractors that create, receive, maintain, or transmit PHI on behalf of EyeGoal agree to the same restrictions and conditions that apply to EyeGoal with respect to such information
Make available PHI in a Designated Record Set to the Covered Entity as necessary to satisfy the Covered Entity's obligations under 45 C.F.R. § 164.524
Make available PHI for amendment and incorporate any amendments in accordance with 45 C.F.R. § 164.526
Make available the information required to provide an accounting of disclosures in accordance with 45 C.F.R. § 164.528
Make its internal practices, books, and records relating to the use and disclosure of PHI available to the Secretary of the U.S. Department of Health and Human Services (HHS) for purposes of determining compliance with HIPAA
To the extent EyeGoal is to carry out an obligation of the Covered Entity under the Privacy Rule, comply with the requirements of the Privacy Rule that apply to the Covered Entity in the performance of such obligation
4. Security Controls — Technical and Administrative Safeguards
EyeGoal implements and maintains the following security controls in compliance with 45 C.F.R. §§ 164.308, 164.310, 164.312, and 164.316:
Encryption: All PHI is encrypted in transit via TLS 1.2 or higher and encrypted at rest using AES-256
Access Control: Role-Based Access Control (RBAC) limiting PHI access to authorized personnel only, with unique user identification per 45 C.F.R. § 164.312(a)(2)(i)
Audit Controls: Automated audit logging of all PHI access, modification, and disclosure events per 45 C.F.R. § 164.312(b)
Infrastructure: PHI is hosted on AWS infrastructure within U.S. regions, using ECS Fargate with network isolation, private subnets, and security group enforcement
Backup and Disaster Recovery: Automated backups with defined Recovery Point Objectives (RPO) and Recovery Time Objectives (RTO)
Workforce Training: EyeGoal personnel with PHI access receive HIPAA security training and are bound by confidentiality obligations
Incident Response: A documented security incident response plan with defined breach notification procedures meeting HIPAA timelines
PHI Redaction: AI-powered features within EyeGoal apply PHI redaction prior to any data processing by third-party AI models, in compliance with HIPAA minimum necessary standards
5. Covered Entity's Obligations
The Covered Entity agrees to:
Notify EyeGoal of any restriction on the use or disclosure of PHI that the Covered Entity has agreed to or is required to abide by under 45 C.F.R. § 164.522, to the extent such restriction may affect EyeGoal's use or disclosure of PHI
Not request EyeGoal to use or disclose PHI in any manner that would not be permissible under HIPAA if done by the Covered Entity
Obtain any consent or authorization that may be required by applicable law prior to furnishing EyeGoal with PHI
Promptly notify EyeGoal of any changes in, or revocation of, permission by an individual to use or disclose PHI, to the extent that such changes may affect EyeGoal's permitted or required uses and disclosures
6. Breach Notification
EyeGoal shall notify the Covered Entity of any Breach of Unsecured PHI without unreasonable delay and in no case later than sixty (60) calendar days following EyeGoal's discovery of such Breach, in compliance with 45 C.F.R. § 164.410.
Such notification shall include, to the extent known at the time of notification:
The identification of each individual whose PHI has been, or is reasonably believed to have been, accessed, acquired, used, or disclosed during the Breach
A brief description of what happened, including the date of the Breach and date of discovery
A description of the types of PHI involved
Steps EyeGoal is taking to investigate the Breach, mitigate harm, and protect against further occurrences
7. Termination of BAA
This BAA terminates automatically upon termination of the EyeGoal Terms of Service Agreement. Upon termination:
EyeGoal shall, if feasible, return or destroy all PHI received from or created on behalf of the Covered Entity that EyeGoal still maintains in any form
If return or destruction is not feasible, EyeGoal shall extend the protections of this BAA to the PHI and limit further uses and disclosures to those purposes that make the return or destruction infeasible
EyeGoal may terminate this BAA and the associated services immediately if the Covered Entity breaches a material term of this BAA
8. Miscellaneous
Amendment: The Parties agree to take such action as is necessary to amend this BAA from time to time as necessary for compliance with HIPAA and HITECH and the regulations promulgated thereunder.
Interpretation: Any ambiguity in this BAA shall be resolved to permit the Parties to comply with HIPAA. The Parties agree that the HIPAA Rules shall supersede this BAA to the extent of any conflict.
Survival: The obligations of EyeGoal under Section 7 (Termination) shall survive the termination of this BAA.
Governing Law: This BAA is governed by the laws of the Commonwealth of Puerto Rico, consistent with the governing law provision of the EyeGoal Terms of Service Agreement.