Terms of Service

Article 1. Acceptance of Terms

1.1 Binding Agreement:

By accessing, downloading, installing, or using the SpexFetch software, whether in whole or in part, the user ("you" or "User") hereby acknowledges that you have read, understood, and agree to be bound by these Terms of Service (hereinafter referred to as the "Agreement"). This Agreement represents a legally binding contract between you and Eyetrepreneur, LLC, doing business as SpexBot, a limited liability company, with its principal place of business located in Kansas ("we," "us," or "SpexBot").

1.2 Modification:

SpexBot reserves the right, at its sole discretion, to modify, amend, or revise this Agreement at any time without specific notice to you. The latest Agreement will be posted on our website or within the software interface, and you should review the Agreement prior to using the software. Your continued use of the software after such modifications will constitute: (a) an acknowledgment by you of the modified Agreement; and (b) your agreement to abide and be bound by the Agreement as modified.

1.3 Capacity:

By using the SpexFetch software, you represent and warrant that you have the legal capacity to enter into this Agreement and to fulfill your obligations hereunder. If you are using the software on behalf of a company, organization, or other legal entity, you represent that you have the authority to bind such entity to these terms.

1.4 Rejection of Terms:

If you do not agree with or cannot comply with all the terms and conditions contained in this Agreement, you must stop using the software immediately and, if applicable, uninstall it from your device.

1.5 Entire Agreement:

This Agreement, together with any other legal notices and agreements published by SpexBot, shall constitute the entire agreement between you and SpexBot concerning the software.

Article 2. Description of Service

2.1 Service Overview:

SpexFetch is a proprietary software application developed and owned by SpexFetch, a limited liability company. The primary purpose of this software is to serve eye care professionals, enabling them to access benefits associated with vision plans.

2.2 Functionality:

The software functions by interfacing with various vision plan websites. Through an automated process, it logs into these websites and extracts specific patient data relevant to the vision plans.

2.3 No Guarantee of Continuity or Uninterrupted Access:

While SpexFetch endeavors to provide a smooth user experience, we do not guarantee continuous or uninterrupted access to the services or any specific feature within the software.

Article 3. Data and Privacy

3.1 Data Storage:

Upon installation and use of the SpexFetch software, all data generated or used in conjunction with the software is stored securely on cloud servers managed by SpexFetch. We employ industry-leading security protocols, including encryption at rest and in transit, to ensure that user data is protected against unauthorized access, loss, or theft. Our cloud infrastructure is continuously monitored and regularly audited to comply with the highest standards of data protection. SpexFetch is committed to maintaining the confidentiality, integrity, and availability of user data, ensuring that it remains secure and accessible only to authorized users.

3.2 User Responsibility:

While SpexFetch is dedicated to ensuring the security of data stored on our cloud servers, users are responsible for maintaining the confidentiality of their account credentials. Users must take appropriate measures to protect their login information and should never share their credentials with unauthorized individuals. In the event of any suspected unauthorized access or security breach, users must promptly notify SpexFetch to mitigate potential risks and safeguard their data.

3.3 Privacy Policy:

SpexFetch is deeply committed to user privacy and the protection of personal data. Our practices regarding the collection, use, processing, and safeguarding of user data are fully outlined in our Privacy Policy, which is an integral part of this Agreement. This Privacy Policy details our compliance with applicable data protection regulations, the rights of users concerning their personal data, and our obligations as a data controller. We encourage all users to thoroughly review the Privacy Policy to understand how their data is handled and the measures we take to protect their privacy.

Article 4. HIPAA Compliance

4.1 Sensitive Healthcare Data:

Users acknowledge and understand that the functionalities provided by SpexFetch have the potential to process and handle sensitive personal healthcare data. As such, this software may be subject to various regulatory and legal requirements, including, but not limited to, the Health Insurance Portability and Accountability Act ("HIPAA").

4.2 Commitment to Compliance:

SpexFetch is deeply committed to ensuring that our practices, processes, and software functionalities are in line with the requirements set forth by HIPAA. However, compliance is a shared responsibility, and users must ensure that their use of the software conforms to any relevant regulations.

4.3 Business Associate Agreement (BAA):

In situations where SpexFetch is deemed to be a Business Associate as defined by HIPAA, users agree to enter into a Business Associate Agreement (BAA) with us. The BAA is designed to outline the responsibilities of both parties in ensuring the protection of personal health information.

Article 5. Limitation of Liability

5.1 Data Accuracy:

While SpexFetch strives to provide accurate and reliable data through its software, we cannot guarantee the completeness, accuracy, or reliability of the data extracted or processed. Data might come from third-party sources, over which SpexFetch has no control.

5.2 No Warranty:

The software is provided "as is" and "as available," without any warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

5.3 Assumption of Risk:

Users expressly agree to assume all risks associated with the use of the software. In no event shall SpexFetch, its officers, directors, employees, or agents, be liable for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever.

5.4 Indemnification:

Users agree to indemnify and hold harmless SpexFetch, its officers, directors, employees, and agents from and against any claims, actions, or demands, including, without limitation, reasonable legal fees, arising or resulting from the user's breach of this Agreement or misuse of the software.

Article 6. Subscription Terms and Credit Usage

6.1 Subscription and SpexCredits:

Users purchase subscriptions with payment terms defined at checkout. Each subscription tier includes a set number of search credits, called SpexCredits, which renew automatically within the app based on the purchased tier.

6.2 Usage of Credits:

SpexCredits are deducted from your account balance when accessing specific features or functionalities as outlined in the app or accompanying documentation. Unused SpexCredits do not roll over and expire at the end of each renewal period. SpexCredits are only deducted for successful searches—those yielding results classified as active benefits, inactive benefits, or out-of-network benefits. Searches that return no results or are impacted by vision payer website downtime or app malfunctions will not decrease your SpexCredits balance.

6.3 Refund Policy:

All transactions are subject to our refund policy. Please review the Refund Policy for details on how refunds are handled.

6.4 Non-Transferability of Credits:

SpexCredits are non-transferable and cannot be sold, traded, or assigned to another user or third party.

Article 7. Modification of Terms

7.1 Right to Amend:

SpexFetch reserves the unilateral right to amend, modify, or revise these Terms of Service at its discretion and without prior notification to users.

7.2 User Responsibility:

Continued use of the software following any changes to these Terms of Service constitutes acceptance of such changes. It is the user's responsibility to periodically review the TOS to remain informed of any updates or modifications.

7.3 Effective Date:

Any modifications to these Terms of Service shall be effective immediately upon posting on our website, within the software, or through other methods of communication to users.

7.4 Termination for Non-compliance:

If a user disagrees with any modifications to the Terms of Service, their sole recourse is to cease using the software. Continued use of the software after the effective date of any changes will be deemed an acceptance of those changes.

Article 8. Termination

8.1 Right to Terminate:

SpexFetch retains the unequivocal right to either suspend or terminate users' access to the software at any given time, with or without prior notice.

8.2 Grounds for Termination:

Grounds for such suspension or termination include, but are not limited to, violations or breaches of any provisions in these Terms of Service, disruptions to the software caused by the user, or any actions that would expose SpexFetch to legal liability.

8.3 Effects of Termination:

Upon termination, users may lose access to any data, information, or content associated with their account. SpexFetch is not liable for any loss or harm arising from termination or suspension.

8.4 Survival:

Provisions relating to proprietary rights, indemnity, disclaimers, and limitations of liability shall survive any termination or expiration of this agreement.

Article 9. Governing Law

9.1 Jurisdiction:

These Terms of Service and any disputes arising out of or in connection with it will be governed by and construed in accordance with the laws of the State of Kansas, United States, excluding its conflict of laws rules.

9.2 Dispute Resolution:

Any legal suits, actions, or proceedings arising out of or related to these Terms of Service or the software shall be instituted exclusively in the federal or state courts located within Kansas, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suits, actions, or proceedings.

Article 10. Contact

10.1 Inquiries:

For any questions, concerns, or clarifications related to these Terms or other related matters, users are encouraged to get in touch with us directly.

10.2 Contact Details:

Please reach out to our dedicated support team at perry@spexbot.com. We aim to respond promptly to all genuine inquiries.